Sunday, April 11, 2021
Protect Your Immune System Today!
Home U.S California Supreme Court ends cash bail for some who cannot afford it

California Supreme Court ends cash bail for some who cannot afford it

“The common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional,” Justice Mariano-Florentino Cuéllar wrote in the court’s unanimous opinion Thursday.

“Other conditions of release — such as electronic monitoring, regular check-ins with a pretrial case manager, community housing or shelter, and drug and alcohol treatment” are often enough, the ruling says. “The court must consider the arrestee’s ability to pay the stated amount of bail — and may not effectively detain the arrestee ‘solely because’ ” he or she can’t post it.

“When people can obtain their release, they almost always do so,” the ruling states. “The disadvantages to remaining incarcerated pending resolution of criminal charges are immense and profound.”

Cuéllar added that, “It is one thing to decide that a person should be charged with a crime, but quite another to determine, under our constitutional system, that the person merits detention pending trial on that charge.”

California Public Defenders Association President Jennifer Friedman said in a statement that the court “wrongly concluded in deciding issues of release that they may presume the person committed the charged offense and also failed to clearly describe the limited category of individuals who may be detained.”

She said she hopes the decision will be “a major sea change, and that no one will be held in custody unless it has been shown by clear and convincing evidence there are no alternatives that will ensure the person returns to court.”

The decision comes months after 56% of California voters said they were against Proposition 25, a ballot measure aimed at eliminating cash bail.

Source link


Please enter your comment!
Please enter your name here

- Advertisment -

Most Popular

One person killed, 5 wounded in Texas highway shooting

The two vehicles, which police say each had several occupants, were traveling eastbound on the Southwest Loop of the 820 freeway just after...

Supreme Court again blocks California Covid restriction on religious activities

The unsigned order for the high court majority also revealed the deep ideological fissure, with conservatives (including the three appointees of former President...

Jefferson Davis’ chair, stolen from an Alabama cemetery, has been recovered and 2 people have been arrested

Stanley Warnick and Kathryn Diionno were arrested for the theft of the chair, the New Orleans Police Department said in a press release...

‘An existential threat’: The Republicans calling for their party to reject QAnon conspiracy theories

"When we say QAnon, you have the sort of extreme forms, but you also just have this softer, gradual undermining of any shared,...

Recent Comments