July 27, 2021

CA Supreme Court ends cash bail for some prisoners

Amid the widespread unrest that followed the death of George Floyd in Minneapolis last year, progressives amplified their calls for sweeping criminal justice reform, and in some states, those demands are being met in ways that some find controversial, to say the least.

According to The Los Angeles Times, the California Supreme Court unanimously ruled on Thursday that the practice of keeping defendants behind bars solely because they cannot afford the cost of bail is unconstitutional and that a person’s ability to pay must be considered before bail amounts are set, ending the way in which pretrial detention decisions are commonly made in the state.

The ruling does not amount to an outright ban on the use of cash bail, but the justices did declare that lower court judges are now required to consider the severity of the charges against each defendant as well as their prior criminal history, taking those elements into consideration when setting an affordable bail amount, as the Sacramento Bee explained.

Furthermore, a court is permitted to detain an individual through the use of bail “only if it first finds, by clear and convincing evidence, that no nonfinancial condition of release can reasonably protect” against the risk of flight or to overall public safety, according to the ruling.

The court’s ruling comes on the heels of a November rejection by California voters of a a law designed to end the cash bail system entirely in that state and instead require risk assessments for each and every arrestee, according to Fox News.

Jeff Clayton, executive director of the American Bail Coalition said the court’s decision will bring about “a big change in the way the system works,” adding:

The lens of due process is going to be on every bail, because prosecutors are going to have to prove, by clear and convincing evidence, a flight risk or danger.

Criminal justice reform advocates lauded the ruling, and several other stakeholder groups in the state mounted relatively little objection, with Karen Pank, executive director of Chief Probation Officers of California saying, according to Fox News:

Wealth should play no role in the justice system and we will continue to fight for a pretrial system that focuses on safety, fairness and effectiveness.

In a move blasted by victims of violent crime, Illinois Gov. J.B. Pritzker (D) signed legislation last month making his state the first in the nation to end cash bail entirely, boasting that the move would facilitate a transition “from a system of pretrial detention that prioritizes wealth, to one that prioritizes public safety,” as The Hill reported.

However, amid news that the Los Angeles County Metro public transportation agency voted last week to boost police funding by $36 million in response to a dramatic uptick in crime — less than a year after the L.A. City Council slashed its police budget by $150 million — the wisdom of curtailing the use of cash bail in California certainly remains to be seen.

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31 Responses

  1. Single Mom Makes $89,844/Yr in Her Spare Time on The Computer Without Selling Anything. you can bring from $5000-$8000 of extra income every month. working at home for 4 hours a day, and earning could be even bigger.

    The potential with this is endless…>>>>>> http://www.works91.com

    1. i guess this will help keep hunter out of jail for not telling the truth on his gun gun application and for the disposal of the gun in a garbage can that the secret service nor the fbi recall being involved in

    1. kalifornia, it’s like a bowl of cereal Takeout the fruits and the nuts and all you have left are flakes!!!

      1. Exactly. Like New York, the moving business is the one to be in…two or three guys with a box truck can make big cash over a weekend or week moving people out of CA, CT, NY, etc. We just don’t need them bringing their lib ideas south or southwest and running OUR taxes up…and polluting OUR schools with lib garbage….

  2. Like I said this site is not worth a damn. This site will not let you post any commits that the democrats don’t like. This site should be put completely out.

  3. And what about the victims the victims that can’t afford to replace the stolen items or cars? They, again, get screwed! Their rights get trampled on again, adding insult to injury! To the prisoners–IF YOU CAN’T DO THE TIME–THEN DON’T DO THE CRIME!

    1. Unfortunately, they just made it easier for them to do the crime, and the criminals know this. Watch for crime to increase. If you’re the victim and try to protect yourself or your property, you’re likely to be the one arrested and will probably have to pay bail. The people who make these foolish laws should be victimized but I’m sure they all live in “safe” communities with all sorts of security.

  4. Wow! We need to put a wall around California. They sound more dangerous than the crises at the southern boarder.

  5. Well now we should just release all on the good behavior plan instead. No jail, just a stern talking too and send them back on the street. All will go straight if you ask them nicely. Give each criminal that comes in a new car and a house all paid so they won’t have to go out into the streets again.

  6. Progressives, liberals, whatever you call these criminals…it’s time for them to go. Think how much they have ruined the country in such a short time.

  7. This is the mess that a duly unelected president has made for the country. A man who has no idea of what he is doing, and who ever is pulling his strings does not either. They don’t want to call this a crisis that it is challenging, well it is a challenging crisis, a mess of epic proportions that needs a man of epic proportion to solve it. It needs a Trump to trump it. The people now on the thrown have shown that they are no capable of handling the situation, and therefore need to step aside.

  8. Why does Nancy need the National Guard:
    Pelosi needs the NG to protect her while she and the other Democrats are are busy undermining the constitution, and violating their oath of office. In other words they are committing treason, and using the NG for protection while they are doing it, by keeping the people out. Who is visiting the capital with the troops all over the place. Maybe a few Chinese?

  9. Solution to the problem of the press vilifying the police, by accusing the police of hunting down and killing minorities. The press has no evidence of such a trend. They are using this only to increase their ratings and sell papers. This is done by vilifying and endangering law enforcement officers, putting them more at risk for doing their job. The solution is simply to make the media and the press, also print the justification for their reporting, in other words if they can’t report the facts they should not report anything. If they report something that later is found not to be true, they must print a redaction on the front page, that covers at least half of the page, a long with an apology to any that might have been aversely effected by the report. You would soon see better more responsible reporting when the press see redactions on the front page instead of hiding them in back where they are never seen.

  10. Unarmed Blacks killed by cops 2019 19. 2020 13. BLM propaganda designed to anger and pander to entitled and aggrieved fools

  11. “If you can’t make bail. You should sit in jail”. I’m starting to believe this is where the Supreme Court should be!

    1. TroopAbn….to the marchers and troublemakers….Law enforcement needs to do like the 1960’s…get a fleet of prison buses, get out law enforcement and plenty of snapping police dogs; at the first brick thrown or other disruption, herd all antifa and other troublemakers onto the buses for the free ride to jail. Thirty days hath September, April, June, and peace offenders! No early release! 2022 can’t come soon enough.

  12. The democrats do anything to serve their purpose, not the Constitutional principles or “We the People”. These are traitors and tyrants, that can only be dealt w/by Thomas Jefferson’s statement, “The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”

  13. Yet again California is first to make it easier for criminals to ply their trade after they get caught and arrested, if they get arrested. Remember the California state AG ordered law enforcement not to arrest perpetrators until their wants and needs have been met.

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