Good article about bail

[Plane]

http://www.npr.org/templates/story/story.php?storyId=122725771


I had not realised that Bail bond businesses form a strong lobby .

[Michael Tee]

Those are some pretty sad stories, plane.

I think it's a travesty that District Attorneys are elected.  The job shouldn't be a popularity contest.  And bail should be every man's right, especially in non-violent crimes.  The onus should be on the state to prove why the guy can't be released safely into the community pending trial.

[Plane]

Could we have twice as many judges and courts so that waiting on trials didn't take so long?

[Michael Tee]

That's not the answer.  First of all, the cost would be huge.  Secondly, think how long the guy waits now - - HALF that time would still be unacceptably unjust.

The real solution is to deal with the problem the way that Canada (and probably a lot of other countries) deals with it - - you start with the premise that everyone is presumed innocent till proven guilty in court.  So these guys are all innocent.  Presumably.  So it's an affront to a free society that people who are innocent are locked up.  Where is freedom?

Now some of these "innocents" may present special problems - - if the charges are serious, with heavy penalties hanging over their head, they may elect not to show up at trial.  If they have previously skipped bail, they may present a risk of not being trustworthy enough to show up at trial.  If they have threatened witnesses, or people have reason to fear violence from them, they're a danger to the public.  Etc.
For all of those things, the state must PROVE there is a good reason to keep these otherwise presumedly innocent people locked up.  Or put on tighter bail. 

Otherwise, in all other cases, these folks are free to walk the streets upon a mere promise to show up at trial.  The harm of an innocent guy being locked up for nothing is balanced against the harm of a petty shoplifter skipping trial and not getting his or her just desserts.  It's a no-brainer.

[Plane]

We are definately locking up a lot of people , how many mor e than necessacery is hard to say , but it seems like a lot.

[Michael Tee]

Yes, well the article is interesting because it provides the explanation behind the phenomenon.

If you had asked me about it before I read the article, I would have fired from the hip - - Sure they're all in jail because of the culture of fear, Americans are afraid of criminals, so it's political.  Because of the fear running wild in the electorate, no politician has the balls to fix the bail system.

But it was a lot more logical than that.

Like Karl Marx says, there's an economic reason behind everything.

[BT]

Touching story.

My guess is the author has never needed the services of a bondsman and doesn't understand the valuable service they provide to the sector of society that is in most need of their help, the poor and those without a network of family and friends with resources

[Michael Tee]

<<My guess is the author has never needed the services of a bondsman and doesn't understand the valuable service they provide to the sector of society that is in most need of their help, the poor and those without a network of family and friends with resources>>

I think the point of the article is that bail reform would largely eliminate the need for these parasites and the "valuable service" they provide.  Because there was no logical need for most petty non-violent criminals to be locked up pending trial.

[BT]

The bail bond industry has little to do with the operations of the court. I could see where they would lobby to keep their fees where they are but i don't see the need for them to lobby for the elimination of pre-trial detention services, which in reality are nothing more than plea bargain mills.