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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan't afford bail? That alone isn't a reason to be held in jail
This presents some interesting points to ponder...
Holding defendants in jail because they can't afford to make bail is unconstitutional, the Justice Department said in a court filing late Thursday the first time the government has taken such a position before a federal appeals court.
It's the latest step by the Obama administration in encouraging state courts to move away from imposing fixed cash bail amounts and jailing those who can't pay.
"Bail practices that incarcerate indigent individuals before trial solely because of their inability to pay for their release violate the Fourteenth Amendment," the Justice Department said in a friend of court brief, citing the Constitution's guarantee of equal protection.
The filing came in the case of Maurice Walker of Calhoun, Georgia. He was kept in jail for six nights after police arrested him for the misdemeanor offense of being a pedestrian under the influence. He was told he could not get out of jail unless he paid the fixed bail amount of $160.
It's the latest step by the Obama administration in encouraging state courts to move away from imposing fixed cash bail amounts and jailing those who can't pay.
"Bail practices that incarcerate indigent individuals before trial solely because of their inability to pay for their release violate the Fourteenth Amendment," the Justice Department said in a friend of court brief, citing the Constitution's guarantee of equal protection.
The filing came in the case of Maurice Walker of Calhoun, Georgia. He was kept in jail for six nights after police arrested him for the misdemeanor offense of being a pedestrian under the influence. He was told he could not get out of jail unless he paid the fixed bail amount of $160.
http://www.nbcnews.com/news/us-news/justice-department-says-poor-can-t-be-held-when-they-n634676
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Can't afford bail? That alone isn't a reason to be held in jail (Original Post)
True Dough
Aug 2016
OP
Egnever
(21,506 posts)1. Wow
That would be a complete sea change.
While I think there are many cases where bail is unreasonable this begs the question when is bail appropriate?
MichMan
(11,864 posts)2. Apparently never. n/t
Mosby
(16,252 posts)3. bail should only be used in felony cases IMO.
MichMan
(11,864 posts)4. Link states nothing about type of offense n/t
yeoman6987
(14,449 posts)5. What if someone pays 160. Do they get it back?
Does this person still have to pay 160 in payments? I never understood bail. On tv it seems like they pay 10 percent and the wealthy get out of course. Did he need to pay 16 dollars?
MichMan
(11,864 posts)6. If they show up for trial they get it back
yeoman6987
(14,449 posts)7. Thank you. It is great having a wealth of knowledge on here.
Rex
(65,616 posts)8. Going against the bail bond industry is pretty brave, it is a huge market.
Good on ya!