Skip to comments.DOJ against holding people because they can't afford bail
Posted on 08/21/2016 1:11:09 PM PDT by PROCON
It is unconstitutional for defendants to be held in jail simply because they can't afford to post bail, the Justice Department asserted this week.
This marks the first time that the federal government has sided with this position before an appeals court, according to NBC News.
In a friend of the court briefing, the DOJ said: "Bail practices that incarcerate indigent individuals before trial solely because of their inability to pay for their release violate the Fourteenth Amendment."
The Fourteenth Amendment guarantees that no citizen can be denied "life, liberty or property, without due process of law."
(Excerpt) Read more at washingtonexaminer.com ...
This case was over the top but I see a lot of problems if every misdemeanor offender is released on personal recognizance. I suspect more than less will never show-up for their hearing.
Weird that “trespassers” from south of the border don’t seem to have any problem getting out of jail. Weird that “refugees” have no problem getting benefits, but Social Security is always near collapse and Vets struggle trying to meet requirements to get care. Geez, I don’t recall asking Uncle Sam if I needed to make below a certain amount or have a certain amount of assets when I joined.
Now that is some serious poverty. No family members or friends to bail him out? What about the gajillion bail bond joints that surround every courthouse in the land? The court wouldn't release him on PR for a misdemeanor? He couldn't scrape together $160? Something doesn't add up in this case. Sounds like he enjoys three hots and a cot more than anything.
DOJ doing what it can to flood the streets with criminals and you’re going to jail if you do anything to defend yourself.
I agree with the premise that people should not be kept in gaol just because they can’t afford to buy their way out.
Let me get this straight....Bubba high on crack cocaine whacks aunt gladys and steals her purse to get more money for drugs...and now they have to let him go because he can’t afford bail...i mean what could go wrong....
Unless they are white natural born citizens.
suppose an accused of modest means, say a plumber, is accused of, oh, drug trafficking, and bail is set at 250K cash bond. something he cant raise. does he get out of jail free as well?
Yeah right, the perp and his family doesn’t have $160? I don’t believe it. And if his family has squandered their money and doesn’t have $160 in savings then perhaps he should think next time before committing crimes. No sympathy here.
Except in cases brought by the feral government, of course.
Why don’t the bozos down at the “DOJ” just pay the bail for their criminal pals out of their own pockets. This is discrimination. If you are a hardworking American taxpayer, you have to pay bail. If you are a freeloading, criminal, you don’t have to pay bail That’s bull****.
If you can’t do the time, don’t do the crime.
Judge: Mayhem and Mischief? Bail $200.
Perp: Your honor, I have a ‘pre-qualified indigent’ card, right here
Judge: You’re free to go
The constitution talks about "reasonable" bail.
$160 is not "unreasonable".
By any measure.
Can we PLEASE have an adult in the WH in 2017?
You think? lol
I remember an old READER’S DIGEST article fifty years ago in which it was shown that the crime rate skyrocketed when certain cities in the North East began to release arrested persons on their own recognizance if they could not pay bail.
The basis for bail is to assure appearance at court. History,family ties etc. can allow for release on own recognizance and does. The jails are full.
Why have jails?
And in California illegals get to keep their cars when they are busted for DUI or other serious traffic violations that would result in the car being impounded.