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re: Let's talk about bail / bonds

Posted on 1/24/22 at 12:24 pm to
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
37675 posts
Posted on 1/24/22 at 12:24 pm to
quote:

And when they do... it's for crap like stealing a candy bar three different times.



Exactly, which gives the idiots the ammo they need to further lighten the sentence on legit criminals.
Posted by Irregardless
Member since Nov 2021
2237 posts
Posted on 1/24/22 at 12:38 pm to
quote:

I agree that PDs have more critical funding needs than DAs..


Seeing PD's get assigned 15-20 new cases every arraignment day is real and absurd for what they are paid.

quote:

we still have a lot of dragging feet among the prosecution.


They are government workers. Just keep on kicking it down the road.
Posted by NOLA Tiger
New Orleans
Member since Sep 2006
836 posts
Posted on 1/24/22 at 2:10 pm to
quote:

It’s not solely/ “simply” about “ensuring someone appears for trial” or “innocent until proven guilty”, as there are a multitude of other factors.


This (see LA CCRP Art 316 as pointed out)!
Posted by NOLA Tiger
New Orleans
Member since Sep 2006
836 posts
Posted on 1/24/22 at 3:21 pm to
Any response to olegreg:
quote:

There’s plenty of issues and discussion of of said issues in this thread, but to address the main point of bail (in Louisiana):

C.Cr.P Art 316
Factors in fixing amount of bail
The amount of bail shall be fixed in an amount that will ensure the presence of the defendant, as required, and the safety of any other person and the community, having regard to:
(1) The seriousness of the offense charged, including but not limited to whether the offense is a crime of violence or involves a controlled dangerous substance.
(2) The weight of the evidence against the defendant.
(3) The previous criminal record of the defendant.
(4) The ability of the defendant to give bail.
(5) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant's release.
(6) The defendant's voluntary participation in a pretrial drug testing program.
(7) The absence or presence in the defendant of any controlled dangerous substance.
(8) Whether the defendant is currently out on a bail undertaking on a previous felony arrest for which he is awaiting institution of prosecution, arraignment, trial, or sentencing.
(9) Any other circumstances affecting the probability of defendant's appearance.
(10) The type or form of bail.


It’s not solely/ “simply” about “ensuring someone appears for trial” or “innocent until proven guilty”, as there are a multitude of other factors.


Or you going to keep pushing your innocent until proven guilty bail nonsense?
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
188619 posts
Posted on 1/24/22 at 3:23 pm to
mike kubosh is a fraud
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450812 posts
Posted on 1/25/22 at 7:06 am to
quote:

It’s not solely/ “simply” about “ensuring someone appears for trial” or “innocent until proven guilty”, as there are a multitude of other factors.

The argument is that those factors need reform and the system needs a reminder that the accused is presumed innocent at arrest.

For instance, this is an aggravating factor in 316:

quote:

(7) The absence or presence in the defendant of any controlled dangerous substance.


Pure CDS cases are the ones we should be the most lenient on, but our system punishes the defendant for having drugs in its system.

Over-prosecution and over-incarceration of drug offenders is one of the biggest issues with our system. It's a self fulfilling prophecy that creates negative externalities on defendants that increases the likelihood of recidivism. This creates perceived demand for the system, which completes the SFP-loop.

Our bail system should be completely overhauled and based on data, science, and logic and not emotion.
Posted by NOLA Tiger
New Orleans
Member since Sep 2006
836 posts
Posted on 1/25/22 at 9:35 am to
quote:

But the whole point of bail / bond is not to lock a criminal up. It is simply to ensure that the accused shows up at trial.


OP is wrong on the purpose of bail..it is a multi tiered review and approach.

We can all agree the system is broken on many levels, but with our current crime wave in New Orleans, bail is an important tool to interrupt the repeat offenders that NOPD keep arresting for the same crimes. The current DA needs to oppose requests for bail reductions for repeat offenders and certain crimes.
This post was edited on 1/25/22 at 9:41 am
Posted by greygoose
Member since Aug 2013
12698 posts
Posted on 1/25/22 at 10:34 am to
quote:

Even if you're innocent and have no way to defend yourself for a year+

?
Wait, you mean to tell me that people in jail don't get attorneys?

Makes me sad that all those innocent choir boys, with multiple arrests/convictions are being so wrongly accused.

You'd probably have a better chance of getting struck by lightening, than finding a career criminal that is actually innocent of a crime they've been accused of.
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