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re: California to become first state to eliminate bail for suspects awaiting trial

Posted on 8/28/18 at 3:49 pm to
Posted by TigerintheNO
New Orleans
Member since Jan 2004
45415 posts
Posted on 8/28/18 at 3:49 pm to
quote:

hey're eliminating the cash bail system and replacing it with a risk assessment system.




Is that legal?

Does eliminating bail run afoul of the whole "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."?
Posted by TroyTider
Florida Panhandle
Member since Oct 2009
4055 posts
Posted on 8/28/18 at 3:55 pm to
quote:

that's the way it ought to be bc otherwise innocent people are being imprisoned a huge chunk of the time.quote:
quote:

Supporters say the change will end the unfair practice of imprisoning people simply because they are poor.


And of course, these wrongly accused, otherwise outstanding community citizens, will show up for court on time.
Posted by castorinho
13623 posts
Member since Nov 2010
88338 posts
Posted on 8/28/18 at 4:00 pm to
quote:

it'd be great if that info was in the OP.
why? We love jumping to conclusions.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 8/28/18 at 4:02 pm to
All it's done is release people to commit the same crime that night. Our governor may lose reelection over it
Posted by slackster
Houston
Member since Mar 2009
91871 posts
Posted on 8/28/18 at 4:22 pm to
quote:

All it's done is release people to commit the same crime that night. Our governor may lose reelection over it


Now they just have to pay some money to do the same. Cash bail is a problem IMO. I'm not sure if this is the perfect fix, but it's a problem that needs fixing.
Posted by tigersownall
Thibodaux
Member since Sep 2011
17202 posts
Posted on 8/28/18 at 4:25 pm to
A way for private prisons to make even more money. No doubt
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 8/28/18 at 4:26 pm to
quote:

Now they just have to pay some money to do the same.


The overwhelming majority of property crimes which are plaguing our city are committed by people who most likely wouldn't get bonded out immediately.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 8/28/18 at 4:29 pm to
quote:

The overwhelming majority of property crimes which are plaguing our city are committed by people who most likely wouldn't get bonded out immediately.

if this new policy is true your state is looking to potentially become considerably more populous
Posted by Bayou_Tiger_225
Third Earth
Member since Mar 2016
13133 posts
Posted on 8/28/18 at 4:36 pm to
quote:

So they will throw them in and there will be no bail? Is that even legal, you know, with the whole "innocent until proven guilty" thing? 
It's completely legal. At that point you are being charged with a crime(which means you can legally be held in jail) and automatically denied bail based off of the violent crime.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 8/28/18 at 4:40 pm to
quote:

if this new policy is true your state is looking to potentially become considerably more populous


It's terrible. Crackheads have increased in numbers quite dramatically
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
141121 posts
Posted on 8/28/18 at 4:41 pm to
What could go wrong? Ah, liberals, never change.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 8/28/18 at 4:41 pm to
Ours is based on a point system to determine risk
Posted by tss22h8
30.4 N 90.9 W
Member since Jan 2007
18793 posts
Posted on 8/28/18 at 4:44 pm to
FNC

quote:

In lieu of bail, suspects will be gauged under a risk-assessment system, although the details of the program, which will take effect in October 2019, were not immediately clear. Suspects looking at serious, violent felonies won’t be eligible for release prior to trial but the majority of suspects arrested for nonviolent misdemeanors will be let go within 12 hours of being booked, according to the legislation.


What could possibly go wrong?
Posted by SeeeeK
some where
Member since Sep 2012
30763 posts
Posted on 8/28/18 at 4:46 pm to
What kind of cases?

This is the big thing, if this is for possession, misdemeanors,etc ok, i get that they want court reform, and Cali govt panders to the dumbest in the state.

But if they are doing away with felonies, murder,etc, then we have a problem.

Posted by MLCLyons
Member since Nov 2012
4793 posts
Posted on 8/28/18 at 4:55 pm to
It's a slippery slope. On the one hand it gives an incentive for someone to show up to their court date. On the other people who are poor are more likely to sit in prison waiting on a trial for even minor offenses which can lead to loss of job/home/etc. Our justice system is so skewed towards people with money this is, in theory, a good idea. However, I personally don't think this should apply to violent crimes. Being completely broke and getting arrested for something like a traffic violation shouldn't cause you to sit in jail for several weeks.
Posted by OMLandshark
Member since Apr 2009
120445 posts
Posted on 8/28/18 at 5:02 pm to
Yeah, this couldn’t end badly or anything:

Posted by keakar
Member since Jan 2017
30152 posts
Posted on 8/28/18 at 5:12 pm to
one step closer to their ultimate utopia of punishment free crime so they can eliminate jails altogether in the state
Posted by deltaland
Member since Mar 2011
103835 posts
Posted on 8/28/18 at 5:22 pm to
I thought this would be good until I read that they can be released
Posted by Montezuma
Member since Apr 2013
3682 posts
Posted on 8/28/18 at 5:31 pm to
quote:

the ACLU feels like no one should be remanded without bail until proven guilty.


Bail after a sentencing? That's not how this works.
Posted by dgnx6
Member since Feb 2006
91600 posts
Posted on 8/28/18 at 5:35 pm to
quote:

The judge decides whether they are to remain in jail or not until trial.

Its to prevent poor people with non-violent crimes from having to sit in jail until trial.

Violent offenders will still be remanded until trial most likely. No judge wants to release some violent person and have them commit more violence and get the blame.



Seems reasonable, but what about the drunks and druggies? They tend to need longer than the night to sober up.

Are they going to keep the guy that had a few too many but didn't actually hurt someone, and then just realese the thief or frick head driving without a license and insurance?
This post was edited on 8/28/18 at 5:39 pm
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