No Bail Money? No Problem
- Holding defendants in jail because they can't afford to make bail is unconstitutional, the Justice Department said in a court filing late Thursday — the first time the government has taken such a position before a federal appeals court, NBC News reported.
It's the latest step by the Obama administration in encouraging state courts to move away from imposing fixed cash bail amounts and jailing those who can't pay.
"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.
So now what? A national I-bond system? Just proving again that democrats are soft on crime and eager to embrace the criminal element.
Labels: dumb ideas, national politics
posted by SCC at 12:01 AM
69 Comments:
It's all over....... to paraphrase another poster.....got556?
Draconian days ahead.
Just let them all out.......
So let me get this straight....a guy is arrested for murder, is given a million $ bond, he says he is poor and can't make bail, so he is free to get out of jail? We are so f****.
Last one out turn off the lights.
Democrats have always been soft of crime and criminals. It has been that way for a hundred years or more, yet folks still pull the straight democrat voting lever.
fuck it Why arrest anyone?
Do I still live in the United States ? What the hell happened ?
Sickening. Do the crime. No consequences except for law-abiding citizens and officers. This administration is morally and ethically corrupt. The Bubble is soon to burst.
I read a story about one of the big NYC Mafiosa. He had actually left the life when he was in his early twenties. Someone he knew got jammed up and lied to involve him in several felonies that he had nothing to do with. He wrote that all he did while on out on bail was score money to pay off his lawyers by stealing from trunks and cars. He said it was hundreds of cars, hundreds of victims, but he needed the money to pay the lawyer and it was the only to make enough money.
Let them all go free. What could possibly go wrong?
Not like they will be in the same neighborhoods as the witnesses.
Not like they will need to score to pay the lawyer, keep the family fed and living indoors.
Shit , that used to be about the only justice many petty criminals got, sitting in jail till a lenient judge released them back onto the neighborhood . With this a lot of nuisance types are going to lower the quality of life for honest tax paying citizens .
Wow...they can't even get their amendments straight: Excessive bail is prohibited by the Eighth Amendment (and the Fourteenth extends it to the states).
In practice, bail is designed to ensure a defendant's appearance in court and the public's protection. When the crime is serious, the defendant's criminal record sucks and he or she has a history of blowing off court, do they want judges to hug the defendant and apologize?
Around here, there are far too many people out on bond committing crimes.
Slut a wheezeball.
Bad enough that Illinois lets them go so early, now you won't even lock them up for a couple of years.
There's an election coming up....they have to be out in order to vote democratic.
The only solution for more criminals on the street before and after arrest is for citizens to arm themselves. The democrats don't want to hire police, don't care about the safety of citizens and would rather see criminals on the street than behind bars.
It's all fine by me, ghetto community solutions always equal the death penalty. They got their shit more wired together than the courts do.
or hold everyone
I think this case kicked off on a guy jailed for six days for public intoxication because he could not come up with a fixed $180 bond. How much did that cost the county? Probably better for judges to have discretion, be able to I-bond or perhaps never even see the guy if there is not a history of other problems, sling him in until tomorrow AM and baloney samwich, styrofoam coffee, AA pamphlet if the local crew left a bundle of 'em, and out the door when he can walk straight again.
Another related article here --
http://www.nbcnews.com/news/us-news/reformers-seek-undo-growth-debtors-prisons-n425276
"Poor people...ordered to pay off their fines by serving time in the municipal jail at a rate of $20 a day." Just sitting on concrete doesn't generate a $20 bill to be handed over at the end of the day. Again, how much does this actually cost the municipality?
"The trend toward jailing poor defendants was hastened by the economic crisis of the early 2000s, when many cash strapped municipalities turned to their courts, rather than taxpayers, to generate revenue. That in turn led to the growth of private companies that promised to save local governments money by collecting fees from people on probation, many of whom were jailed for inability to pay."
Bringing in private companies too, on top of the legal system -- never seen "outsourcing" happen without costing more, not less. Like "healthcare" today -- used to be doctor and nurses, but today you get ten "case managers" and "counselors" and "coordinators" and "social workers" bothering you in your hospital room, who do not actually do anything for you.
"I see that you use a cane."
Astonishing. Razor-sharp perception.
"Yes," you answer.
A checkmark is made. They leave.
>cue up hospital sound of things going "beep, beep, beep"<
They do need to be paid, though -- whole office buildings full of them. I wonder if that has to do with the tremendous cost of "healthcare" now. Same kind of thing. Our economy is now an inverted pyramid, ten thousand well-paid "managers" across the top, all balanced on the sharp point digging into the backs of the disappearing middle class. Your "quart" of mayo is now 30 ounces, your "half-gallon" of juice is now 56 ounces -- and the price goes up, too. Death Of A Thousand Cuts.
Reminds one of the remarkably sleek, obese Kim Jung Un, who is now talking up the nutritional virtues of dog meat to his people, who will soon be gathering grass and tree bark again as they did in 1995 when 4 million starved to death over there as the government put priority on hardened underground plants turning out missile-guidance gyros in three shifts...
Just "food" for thought.
This gives new meaning to "got to get out the vote."
Huh?Are you shxtting me? commit a crime and okay you are free to go!THE END IS NIGH!
Please knock on doors, make phone calls, donate, do something to help Donald Trump beat Hillary
Democratics idea is to eliminate punishing criminals. It's ridiculous. Criminals get shot by police and the focus is on the police, not the criminal or his actions. Common sense eludes democratics.
If not for his actions.,......!
"You better come back for your court date! If you don't, we will arrest you and hold you for several hours to ask you to come back on your court date again!"
Jesus H. Christ....What the Phruq is WRONG with these Knuckleheads...Oh,...wait a min...They're our Libtard Buddies.....YEEEEESH......
Last time I checked, the 8th amendment came before the 14th amendment.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Excessive.......get that......excessive. Not that 'if people don't have enough money, you can't hold them on bail' bullshit they are trying to pull. I mean seriously, give me a fucking break.
Democrats embrace criminal behavior because they are criminals...
Yet none of these democrats making these decisions live in or near high crime areas,
If they had perhaps their opinion would change.
How is it that a System in place for over 100 years has been wrong, until Obama came to power? All of the great jurists and attorneys prior to today were wrong? This is a "Revolution" in the truest sense of the word, and it is happening while we pretend we are living business as usual. Nope, these people, the New Democrats want to dismantle what the world has envied and that is the American Justice System.First they will pose as reformers, then they will be more repressive than anything we can imagine. Remember, every totalitarian state, call itself the "People's Republic of whatever, including North Korea. Stay Fetal, Stay Fetal. Baby"G"
that's not what the article said. it said that a _predetermined_ bail schedule should not be applied. we don't do that in illinois ... people who are arrested get their bail set by a judge. so, we good!
What's next. Check out a book of mover's, parker's & a "I" bond book.
Just a little off topic; I'm sure everyone by now saw on the news the ISP shooting into and at a carjacked BMW the pulled off the Ryan feeder ramp in Chinatown and took off when officers on foot approached it. Sound familiar?! Well after the BMW finally stopped in the South Loop and the wounded driver bailed and ran while bleeding profusely from a gunshot wound to the neck ISP lost sight of him. And do you know why . . . because a "good" Samaritan saw this fleeing felon, who just moments before was heavily armed, was concerned for his condition, put him in her vehicle and drove him to Stroger! Oh, you just gotta love the liberal dumbocrates.
Are all these Democrats nuts or what?
The democrats promise "change." They don't promise improvement. Too many voters fell for the "change" BS. Now we're stuck with it. Especially adversely affected will be the Supreme Court for at least a generation should HRC be the next POTUS. Maybe ,someday, the loyal democratic voters will understand the bill of goods they've been sold.. I don't think I'll live to see it, maybe my as yet unborn grandchildren will live to see it.
Everything is free for the folks when will this stop vote for Trump .
Another example of this Administration believing there is only ONE branch of government not 3.The Executive(The King) Branch will decide what bail will be not a Judge.
Liberal democrats have controlled the cities for 30 years. How has that turned out?
I really don't have a problem with this. Bail is to secure an appearance at court, I get it, but the poor guy has to sit and rot and the rich guy can get out?
It cost a whole lot to keep the guy in jail anyhow, and I don't want to pay for that either. Let the shitbag out so he can fend
Just when you thing these a-holes couldn't dream up ways to get more Democratic votes.
Keep voting for Democrats,you idiots.
Just proving again that democrats are soft on crime and eager to embrace the criminal element.
They are the criminal element.
Whatever happened to protecting the GOOD citizens of our ONCE great country?
citing the Constitution's guarantee of equal protection
What protection does that give the victim. The poor fool who happened to be in the wrong place! Or is this just a ploy to empty Gitmo? So under this 'theory' the suspected offenders in mass shootings get the 'Barry I-Bond too?'
I guess protecting society is unconstitutional.
Wait till Hillary becomes president. She never met a felon/convict that she didn't love.
So their next answer will be make them financially solvent so they can post welfare payments as bail, or food stamps, link cards all of the handouts that they try to pawn at their local middle eastern owned corner store. Just give a get out of jail card good for one bond out per month on your signature regardless of how many no appearances in the past, you know Judge I was to busy to make that date.
These people are fucking Nuts! Hopefully that Appellate Court will throw that moronic 'friend of court brief' right where it belongs -- in the goddamn trash! That asshole Obama is doing his damnedest to destroy this country before he's dragged out of the White House -- which can't come fast and soon enough.
By the way, IMHO Obozo's un-Justice Dept's citing violation of the 14th Amendment is wrong. They should have cited the 8th Amendment, Excessive Bail, to wit: .....
---- 'Excessive Bail shall not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted.' ----
Ergo, if they can't afford Bail, it's excessive to them. But that's just my opinion. I'm not a bottom-feeding scum-sucking lawyer.
In any case it's a stupid argument by Obozo's minions. How many times have we heard of $1 Million Dollar Bails in order to keep a Drug Runner, Serial Murderer, Gang Leader, and the likes in jail until the trial starts. Quite a lot, it's common practice, and Obozo wants these degenerates out on the streets with your family!
an aside: Our next U.S. Attorney General, Chris Christie, has a massive house cleaning facing him. He has to purge every one of these un-American pro-Obozo assholes. President Trump will not stand for this pro-criminal nonsense.
(Hillary For Prison)
I just got some GREAT news. I've been hired as the official "exit hugger" . It's kinda like a Walmart greeter but I work at 26th & Cal.
Obama fucking telling states what to do again. God help us.
--No Cop Here
If the BLM was so concerned about black people, maybe they will utilize some of their 100 million dollars raised to post bonds? I didn't think so..,
Joe Shit the ragman wins again. Only in America.
The Democrats are doing plenty before the election to attract more criminals to get out the vote.
Common sense lacks amongst the democrat.
It was Sammy Davis Jr. who sang the theme for the 1975 tv show Baretta...
"Don't Do the Crime If You Can't Do the Time"
(Understand that if you believe your Harvard Scholarship educated Hawaiian president is a Constitutional law professor, you can Keep him and his ideologies by electing HilLIARy in November.)
Let's see, NO job, NO prospects, NO inclination, Free food stamps, Free medical, Free cellphone, standing around the corner all night untouchable without any worry...Ain't Nobody Got Time For Jail.
So I gotta ask — Hey Special Ed, why are we suppose to arrest people?
Allow a national system of bondsmen. (Funny, btw, how the great liberal state of Illinois prohibits bondsmen.)
Related: encourage a professional class of bounty hunters.
The spokesperson for the progressive and black caucus of the city council is hyping this as well. She is Joanna Klonsky, aka known as Joanna the commie klonsky. Her family have been involved with Ayers and alinsky since the 60s. True communists. And now the daughter is involved in these anti cop causes. She and the shit show that is the city council also represents Patrick Daley. She's also on the board of Chicago votes that wants to let those vote without Ids. Check her out she's very dangerous and also involved with CTU.
We've got to coddle these "community" members some more.
Fix bayonets! Joking but seriously, anyone got a hook-up for a hardworking team like tact or some place where I can go out and make a lot of quality arrests? I'm going to go out there and make a difference! Who's with me?!
Looks like ibonds for murderers smh
We have free Obama-phones and free internet, why not free bail for perps. Who works anymore? Unreal. So murder, steal, etc.... $40 bail. Only in America.
If all it was was because they couldn't pay they'd be right, but bond serves community protection and court administration functions as well; but all that's too hard to fit on a protest sign
This the progressives' long awaited fundamental change of the American system and culture. The change will only increase and speed up under Hillary. In ten maybe fifteen years the country will be unrecognizable and barely livable.
Democrats don't want armed citizens. They are busy working to outlaw guns, any kind of gun, shotguns for shooting quail, .22s for rabbit and squirrel hunting, deer rifles, any kind of gun used for target and match shooting and pistols for self defense. Hillary has said she will ban most firearms. She interprets the 2d amendment to mean only the government can have guns.
Attend court at Grand and Central or 111th and Ellis. Many of these guys get busted for BS crimes like selling Loosies. What is wrong with selling loose cigarettes just to make a buck or two? We all know what the PROBLEM is. Same thing with street gambling.... I don't seriously think Obama is talking about John Wayne Gacy here.
Hey, the Carry and Conceal People need to step it up against these criminal thugs!
Start the street justice!
Where is Paul Kersey and Berny Goetz when you need them?
Citizens have got to take justice back from the government! So how do I do that, you ask? You arm yourself, your neighbor arms himself, over & over again. Citizen after citizen. When one of you shoots the criminal as whole trying to steal your property or your life. In court, find him not guilty. Case after case, dead thief after dead their.
Stay safe Officers.
J.J.
Attend court at Grand and Central or 111th and Ellis. Many of these guys get busted for BS crimes like selling Loosies. What is wrong with selling loose cigarettes just to make a buck or two? We all know what the PROBLEM is. Same thing with street gambling.... I don't seriously think Obama is talking about John Wayne Gacy here.
8/21/2016 04:19:00 PM
You couldn't possibly e a copper for more than five minutes and not know the answer to that question. If you are a copper, you didn't learn a thing and should quit immediately.
That's not what the article said. it said that a _predetermined_ bail schedule should not be applied. we don't do that in illinois ... people who are arrested get their bail set by a judge. so, we good!
++++++++++++
WRONG! There is a reason the pink I-bond envelope is full of $150,$1500 and $2000 bail amounts. Those have been set by supreme court rules 526,527, and 528. A quick look-see at our bail bond manual will tell you that.
obama will not move back into chicago, i wonder why?
I have to play devil's advocate here. Although I do not agree with a recognizance bond for all (I lean far the other direction), I feel that the cash bonds are ridiculous. Scenario: You have two aggravated batteries that occur in the same day, same county, but one is committed by a 22 year old with little income (crap job, but still has a job) who lives in West Pullman, and the other is committed by a 35 year old with a well paying job in Schaumburg. Same bond, $250,000. Why should the guy with the well paying job who can front the $25K get to head back out in the world while the guy who works just as many hours for shit pay sit in jail for the next few weeks?
The decision to make someone sit in jail or get released on their own recognizance should be dependent on factors like their criminal history, the severity of the crime, or the possibility of them skipping out on court and disappearing. It shouldn't be dependent on how deep your pockets are. I've seen some huge jagoffs post bond and stroll into court like they own the place, while decent guys who made dumb mistakes get pulled from the back by the Court Deputy.
Anonymous said...
I guess protecting society is unconstitutional.
8/21/2016 09:52:00 AM
It depends on what your definition of "Protecting," is...
At this point, what difference does it make?
Anonymous Anonymous said...
We have free Obama-phones and free internet, why not free bail for perps. Who works anymore? Unreal. So murder, steal, etc.... $40 bail. Only in America.
8/21/2016 02:38:00 PM
Can't they use their Linc cards?
I am in favor of locking up violent criminals and leaving them there forever, but it does seem inherently unfair to defendants that have no money so they cannot make bail that they rot in jail for sometimes years before their cases are heard.
The purpose of bail is generally supposed to be to encourage suspects to show up for trial. As long as they show up for trial why do they need bail at all?
I wonder if there are any statistics that show what the rate of failure to appear is for suspects bailed out versus those put out on electronic monitoring or some other program. I have no idea what it is in Cook County but a lot of places that have tried to reduce pretrial confinement have not had much trouble with suspects not showing up for trial, especially for relatively minor crimes.
NAC
Anonymous Anonymous said...
I have to play devil's advocate here. Although I do not agree with a recognizance bond for all (I lean far the other direction), I feel that the cash bonds are ridiculous. Scenario: You have two aggravated batteries that occur in the same day, same county, but one is committed by a 22 year old with little income (crap job, but still has a job) who lives in West Pullman, and the other is committed by a 35 year old with a well paying job in Schaumburg. Same bond, $250,000. Why should the guy with the well paying job who can front the $25K get to head back out in the world while the guy who works just as many hours for shit pay sit in jail for the next few weeks?
The decision to make someone sit in jail or get released on their own recognizance should be dependent on factors like their criminal history, the severity of the crime, or the possibility of them skipping out on court and disappearing. It shouldn't be dependent on how deep your pockets are. I've seen some huge jagoffs post bond and stroll into court like they own the place, while decent guys who made dumb mistakes get pulled from the back by the Court Deputy.
8/21/2016 11:19:00 PM
______________________________________________
The above is a very good hearted copper that I have to agree with. Your right 100 %. Seen it happen a ton of times at 26th. street in the old days but have had no opinion or noticed till you brought this up.
People make mistakes and get jackpotted and work a job but cannot make bond. Mr. Burb' kid got the trump and bails out his junkie kid every time.
You will have a blessed life officer, If you don't have a good heart otj, then go work streets and san. I tip my hat to you sir !
Ask them if they can afford to make bail if they say no...let them go and don't arrest them. Problem solved!
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