
We Cannot Avoid the Ugly Tradeoffs of Bail Reform - davezatch
https://marginalrevolution.com/marginalrevolution/2018/10/happens-bail-reform-meets-reality.html
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Eridrus
I agree that there are trade-offs, but I don't find this argument persuasive.

Why is setting a high bail amount better than not releasing people? They're
meant to be functionally equivalent except when someone can somehow manage to
scrounge a lot of cash together.

I am very curious what motivations judges have for returning to this system of
unaffordable bonds though.

He doesn't really spell it out, but I could imagine non-cash release having
issues with reappearance or reoffence, but if that's the case you want to dig
into the details, not just hand wave about it.

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village-idiot
I think the argument is largely: more of the people who can’t afford bail are
stuck in that situation because the judge believes the accused is a danger to
the public than because they’re poor, so no reform will convince those judges
to release said accused prior to their trial.

I agree that it’s extremely weird that we do this song and dance where we
misuse the bail system to lock up those judged to be a danger to society. We
should just deny those people bail, and offer the rest a fair bail amount to
encourage their return.

FWIW: I think the fact that bail reform is forcing judges to merely deny bail
for dangerous cases is a good thing. Being more clear about what’s happening
and why is a good thing, especially in the legal system.

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rootw0rm
part of the problem is people get overcharged. my gf fucked up and did some
heavy shit, but when they interrogated me and I didn't rat her out, they
responded by charging me with every bullshit thing they could think of. and
... every one of those charges that lands helps advance the career of the DA,
it's perverse. even if some of the bullshit charges are dropped by
arraignment, you're still likely to have others you're fighting. on top of
that there's extreme pressure to waive your right to a speedy trial so that
your lawyer has a chance to review evidence.

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village-idiot
Yeah, the criminal justice system in the US is in need of a deep overhaul. The
fact that trials take months to start is a large part of the issue.

I just don’t see evidence that cash bail is really the most pressing issue in
the system atm. DA’s tipping off the media for perp walks, crooked cops,
racist juries, and a slow and expensive system all take higher priority in my
book.

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rootw0rm
I'm considered a violent felon by the state of CA because I handed a bank
teller a note politely asking them to follow their training and hand over
their cash. after my last arrest the DA asked to raise my bail from 100k to
150k because they hadn't considered my strike when they initially set the bail
amount.

not being able to bail out is more than a minor inconvenience.... people lose
jobs, miss rent, get evicted and lose _everything_ while being presumed
innocent.

