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Don't do the crime if you can't pay the fine? Agree or Disagree
Quote:
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.
They are defendants. They haven't been found guilty. So, what if it is a case where they're innocent? They're supposed to stay in jail and lose their jobs and everything else? Supposed to be innocent until proven guilty. Bail is not the same thing as a fine, and if the person is not guilty then the person didn't do the crime.
They are defendants. They haven't been found guilty. So, what if it is a case where they're innocent? They're supposed to stay in jail and lose their jobs and everything else? Supposed to be innocent until proven guilty. Bail is not the same thing as a fine, and if the person is not guilty then the person didn't do the crime.
So, everybody should be released after they are booked and arraigned until trial?
The "excessive bail" in this case was $16.
The DOJ is using the 14th Amendment, not the 8th for this case. It's a Civil Rights case for "justice reform".
If they have no money then 20 bucks would be excessive. Bail is never set according to the financial circumstances of the accused.
Sure it is.
Stack v. Boyle 1951 found that given the financial circumstances of the defendant $50k was bail in excess of the amount needed to ensure the defendants appearance in court.
Yes if someone is completely destitute $20 could be seen as excessive. However you are misunderstanding the purpose of bail, it's solely intended for persons under charge, but not yet convicted, and incarceration prior to trial is both punitive without conviction, and may compromise the preparation of a good defense. Ultimately bail is only for the purpose of ensuring an accused persons attendance at their own trial, and really is not intended to serve any other purpose.
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