Editorial: California still violates the Constitution on bail (via latimesopinion)
Setting bail so high that the defendant can’t pay it undermines the criminal justice system. Only the rare defendant like Naasón Joaquín Garcia should be locked up before trial, and most should be released without money bail.Likewise, the number of people held in jail before trial has actually risen. Judges still set bail at levels defendants can’t afford.
before trial, the more likely they are to commit crimes in the future. That means judges who set unaffordable bail may be exacerbating the problem without realizing it. They presumably want to keep defendants locked up in order to keep the community safe but may in fact be doing the opposite. After arrest, a person is generally taken to the police station and “booked” — fingerprinted and held in custody while police check criminal records.bail schedule
A lawsuit filed earlier this month on behalf of defendants being held in Los Angeles prior to arraignment challenges the bail schedule as unconstitutional in much the same way unaffordable post-arraignment bail was overturned in Humphrey. In, attorneys for the plaintiffs — Public Justice’s Debtors’ Prison Project and the Civil Rights Corps — quickly obtained release of a defendant held under the bail schedule.
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