Explain why the US bail system is not insane

Comments

• airbreather@lemmy.world ⁨1⁩ ⁨month⁩ ago

  The 8th amendment has a clause that disallows “excessive bail”. In Stack v. Boyle, the Supreme Court found this to mean “that a defendant’s bail cannot be set higher than an amount that is reasonably likely to ensure the defendant’s presence at the trial.” So it follows that IN THEORY, bail is SUPPOSED to be set at an amount that is consistent with the defendant’s financial resources (including, it would also follow, increasing the amount for more wealthy people to ensure that it has the same proportionate effect on the defendant’s decision-making process).

  Of course, that rule is just a bunch of meaningless words if nobody enforces it… and guess what, the main way to enforce this is by bringing a suit against the government alleging that they violated the rule. So IN PRACTICE (speculation warning here, I’m just some guy), I would imagine that they just set bail schedules at a level where anyone who can afford to pay won’t be able to wik an “excessive bail” lawsuit, and anyone who can’t afford to pay it will also probably not be able to afford the cost of that lawsuit.

  And something tells me that we aren’t likely to see a wealthy person suing the government for not setting bail high enough for them.

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  • dual_sport_dork@lemmy.world ⁨1⁩ ⁨month⁩ ago

    And since bail is generally set at the discretion of a judge (I’m sure some jurisdictions have limitations, and others just “guidelines”), it can be increased based on the perceived heinousness of the crime or in some cases outright denied entirely.

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• T00l_shed@lemmy.world ⁨1⁩ ⁨month⁩ ago

  It is, I don’t think it can be explained as “not insane”

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• Buffalox@lemmy.world ⁨1⁩ ⁨month⁩ ago

  Logically it favors the rich, just like every other aspect of society.
  So I guess it’s no more insane than so many other aspects of society, like how Musk can get paid more by Tesla than every single worker working there.

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• SlopppyEngineer@lemmy.world ⁨1⁩ ⁨month⁩ ago

  It’s not insane, just very classist

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• Menschlicher_Fehler@feddit.org ⁨1⁩ ⁨month⁩ ago

  I don’t see why people with money should get benefits in the legal system?

  Because they are rich, duh!

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• the_post_of_tom_joad@sh.itjust.works ⁨1⁩ ⁨month⁩ ago

  Well it’s not insane because the laws in the us are made to be chains for the poor and spiderwebs for the rich. This is on purpose.

  The lies we tell ourselves to cope, and the “justifications” the powerful use to keep those laws in place are what’s insane.

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• Please_Do_Not@lemm.ee ⁨1⁩ ⁨month⁩ ago

  Illinois just got rid of cash bail and it’s working pretty well so far, so at least there are folks there who see how crazy it is too.

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  • whynotzoidberg@lemmy.world ⁨1⁩ ⁨month⁩ ago

    And republicans (or, at least one, in my district) are campaigning here on how cashless bail is letting criminals go free.

    Cashless bail isn’t letting criminals go free any more than cash-based bail was. I am just as safe. There is nothing to see here, except a more level playing field for all.

    Why do the republicans in charge hate people so much? I don’t think their constituents hate people nearly as much as the leaders.

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• NeoNachtwaechter@lemmy.world ⁨1⁩ ⁨month⁩ ago

  Isn’t it one of the basic principles in that legal system that people with more money get more rights?

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  • Reverendender@sh.itjust.works ⁨1⁩ ⁨month⁩ ago

    Yes. Better rights, too.

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• Josey_Wales@lemmy.world ⁨1⁩ ⁨month⁩ ago

  I don’t see why people with money should get benefits in the legal a capitalist system.

  I agree cash bail is insane, however, reframing the problem should help make it clear what is really going on

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  • redditron_2000_4@lemmy.world ⁨1⁩ ⁨month⁩ ago

    Because being rich is measurable evidence that you are a better person than a power. You have more ability to spend money, powering the economic engine, and capital to fund new ventures, either directly by starting businesses and employing people or indirectly through savings and investments.

    A rich person in jail objectively harms society.

    Maybe if we ate the rich and distributed their assets it would be an alternative?

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    • 1984@lemmy.today ⁨1⁩ ⁨month⁩ ago

      I like how you redefined what a “better person” is to mean more like “better company resource”.

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• AmberRose@lemmy.ca ⁨1⁩ ⁨month⁩ ago

  Let vote for the right president in this coming election, the system sucks now

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