Bail Reform?

[de officiis]

Judge in Houston Strikes Down Harris County’s Bail System

A federal judge in Houston has overturned the county’s bail system for people charged with low-level crimes after finding that it disproportionately affected indigent residents and violated the Constitution.

The judge, Lee H. Rosenthal of Federal District Court, ordered Harris County to stop keeping people who have been arrested on misdemeanor charges in jail because they cannot pay bail.
...
Judge Rosenthal wrote in the ruling, “Harris County’s policy is to detain indigent misdemeanor defendants before trial, violating equal protection rights against wealth-based discrimination and violating due process protections against pretrial detention.” She cited statistics showing that 40 percent of people arrested on misdemeanor charges in the county had been detained until their cases were resolved.

. . . . legal scholars and the groups that brought the case said the ruling was a victory in the movement to overhaul the bail system that has been growing around the country. . . .

The judge wrote that the plaintiffs had “demonstrated a clear likelihood of success” on the merits of their claims against Harris County.

“I think it represents a real change in our legal system,” said Alec Karakatsanis . . . . Mr. Karakatsanis described the ruling as a “comprehensive and robust condemnation of the existing money bail system” that would reverberate beyond Texas.

Harris County is not alone in its bail procedures, but its size and prominence — Houston, the county seat, is the fourth largest city in the United States, and its county jail system is the third largest — make the ruling particularly significant . . . .
...
The practice of demanding money as bail is standard in the majority of jurisdictions in the United States. But a series of lawsuits and a growing body of research has led to questions about its efficacy and potential disparities based on race and income. In January, New Jersey dropped its money bail system for minor crimes, and Colorado has changed its bail systems. The discussion has been percolating in other states, as well.

I guess bail has become another cash cow alongside speed traps and asset forfeiture.

[TheOneX]

When was bail never a cash cow? What legitimate purpose does bail serve?

[Speaker to Animals]

They should determine how much a flight risk a defendant is, and set up some kind of appropriate monitoring system if needed. A person who flees should face asset forfeiture.

[jbird4049]

They should determine how much a flight risk a defendant is, and set up some kind of appropriate monitoring system if needed. A person who flees should face asset forfeiture.

That is what bail is supposed to be.

[Speaker to Animals]

They should determine how much a flight risk a defendant is, and set up some kind of appropriate monitoring system if needed. A person who flees should face asset forfeiture.

That is what bail is supposed to be.

Bail is mainly supposed to be revenue collection.

[heydaralon]

They should determine how much a flight risk a defendant is, and set up some kind of appropriate monitoring system if needed. A person who flees should face asset forfeiture.

That is what bail is supposed to be.

Bail is mainly supposed to be revenue collection.

How much lobbying to Bail bondsman do?

[Fife]

You don't know how things are done. Bondsman is a pretty groovy position, if you run your business right.

It's not your fault you're ignorant of that. It's a virtue, in fact.

[Speaker to Animals]

To my mind, the biggest reform that would correct a lot of these injustices is to require the state reimburse a defendant for all costs incurred as a result of an erroneous prosecution upon acquittal. Every last legal fee. Every last bond deposit and interest accrued therein. If the defendant were imprisoned in that time, they should be compensated according to their annual income scaled by some multiplier. If they lost their job because of this, they should be able to seek civil damages.

Do that and shitty prosecutors will be booted forthwith. Good lawyers would jump into the criminal defense game without hesitation when they know they can get all costs reimbursed upon not guilty verdicts.

Obviously there has to be limits, but in general, that's how you end the system being used to crush people for revenue.

[Fife]

[Okeefenokee]

Verily.