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mickeyrat
  • From:USA

Date Posted:01-09-2018 06:28:18Copy HTML

California is abolishing cash bail. The idea is that the wheels of justice turn much more luxuriously for the wealthy. Some guy with a minor offense was assessed 80K bail, that means posting 8K, most of us don't have 8K to drop on bail.


The flip side is that judges are going to be able to hold someone under preventative detention. Part of the idea is to reduce jail costs, but if judges get worried that someone is going to commit another crime after they've been released on OR, won't they just increase costs by telling everyone, "oh you're a flight risk, pd for you."


Just not sure yea or nay. Guess I'll have to see how it works out, but I suspect there will be a ballot measure to change it back to the old way.

~Oh, I wish it would rain.~ --The Temptations
govols Share to: Facebook Twitter MSN linkedin google yahoo #1
  • From:USA

Re:Is This A Good Idea?

Date Posted:01-09-2018 07:17:39Copy HTML

Undecided. I understand the ideas behind it but it will come down to execution. Part of why we were supposed to have defined and limited general government was to allow these sorts of experiments to be conducted among the States. 

Nickel Share to: Facebook Twitter MSN linkedin google yahoo #2
  • From:USA

Re:Is This A Good Idea?

Date Posted:01-09-2018 09:43:55Copy HTML

Yes. Equality before the law is a good idea. Judges already have discretion about who should be detained. The proposed risk assessment process looks like it will protect the public more efficiently. Fewer incarcerations will save money, but the main issue is whether the person is innocent until proven guilty in this country or not.
What goes around, comes around.
mickeyrat Share to: Facebook Twitter MSN linkedin google yahoo #3
  • From:USA

Re:Is This A Good Idea?

Date Posted:02-09-2018 12:00:02Copy HTML

 Undecided. I understand the ideas behind it but it will come down to execution. Part of why we were supposed to have defined and limited general government was to allow these sorts of experiments to be conducted among the States.


Understood, but it would appear whatever the state of our government, in fact these sort of experiments are being conducted among the states.


Nickel--it will be down to execution, and yeah, a judge already has the discretion to say no bail for the most likely examples of flight risks.


My concern is the first judge running for re-election who is toasted because his opponent notes that the judge DIDN'T put in preventative detention, and then the drunk driver went out and killed some other citizen, or the petty burglar becomes a grand larcenist. Then that judge will be accused of being "soft on crime". The first time that happens, I think you suddenly see a lot of judges erring on the side of caution to the extent that instead of some folks making bail, for $1000 or so, now we have a bunch of petty thieves sitting in jail at the taxpayers' expense for something they could easily be released for a low bail.

~Oh, I wish it would rain.~ --The Temptations
govols Share to: Facebook Twitter MSN linkedin google yahoo #4
  • From:USA

Re:Is This A Good Idea?

Date Posted:02-09-2018 01:05:50Copy HTML

So, is bond designed to create a promissory note to appear for trial, or to motivate the accused to play ultra straight while on bond? If light riskis near zero there is no reason for bond. If flight risk is near 100% there is no excuse for bond. 


We do have federal mandates that prevent States from deviating and experimenting.

mickeyrat Share to: Facebook Twitter MSN linkedin google yahoo #5
  • From:USA

Re:Is This A Good Idea?

Date Posted:02-09-2018 05:14:32Copy HTML

 

Well, but we've ALWAYS had those, govols, for instance, the fact that the Feds are required to guarantee a Republican government for each state, no state can "experiment" with a monarchy.


 If light riskis near zero there is no reason for bond. If flight risk is near 100% there is no excuse for bond.


as in most things, the extremes are easy to identify, the concern is more what we do with the in-betweens.

~Oh, I wish it would rain.~ --The Temptations
Nickel Share to: Facebook Twitter MSN linkedin google yahoo #6
  • From:USA

Re:Is This A Good Idea?

Date Posted:02-09-2018 11:41:44Copy HTML

Either the judge is good at his job or not. Soft, tough, doesn’t matter because a judge is elected, usually without any difficulty, but if the jail is full or a recidivist is set free, one story in the news can finish a career. Corruption is also something that can be detected and fixed in our justice system. It’s not like England where judges are appointed and the people are stuck with them. They feel their system is superior because the best qualified are appointed instead of the most popular and their judges are not threatened by public opinion. Lots of risk in letting the people decide especially when they’re not well informed, but the tyranny of say England’s safe appointment system, an entity policing itself doesn’t bode well for justice, either.
What goes around, comes around.
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