"Bail practices that incarcerate indigent individuals before trial solely because of their inability to pay for their release violate the Fourteenth Amendment," the Justice Department said in a friend of court brief, citing the Constitution's guarantee of equal protection.

    . . .

    Justice Department's civil rights lawyers said in their brief that courts must consider a person's indigence and look at other ways of guaranteeing an appearance in court.

    "Fixed bail schedules that allow for the pretrial release of only those who can play, without accounting for the ability to pay," the government said, "unlawfully discriminate based on indigence."



flagamuffin:

I have long thought that the practice of bail is completely archaic. Either you are too dangerous or too much of a flight risk to be released, or you are not. The amount of money you possess doesn't have anything to do with those things. Bail should be applied around common sense.

That said,

    look at other ways of guaranteeing an appearance in court.

good luck.


posted by user-inactivated: 816 days ago