California’s Top Court Ends Cash Bail For Some Defendants Who Can’t Afford It
LAPPL News Watch
March 26, 2021
For
years, California legislators and judges have tried to reform the
state’s money bail system to reduce discrimination against the poor. On
Thursday, four months after voters rejected such a reform, the
California Supreme Court ruled that it is unconstitutional to require
defendants to remain behind bars simply because they cannot afford bail.
In a unanimous decision, the state’s top court told judges to favor
pretrial release and consider a person’s ability to pay before setting
bail. Thursday’s ruling is likely to lead to many more people being
released without bail before they go to trial.
Judges may keep criminal
defendants locked up only when “clear and convincing” evidence shows
there is no other way to protect the public and ensure the defendants’
return for court appearances.
“The common practice of conditioning
freedom solely on whether an arrestee can afford bail is
unconstitutional,” Justice Mariano-Florentino Cuéllar wrote for the
court, ruling that it violated both state and federal protections.
“Other conditions of release — such as electronic monitoring, regular
check-ins with a pretrial case manager, community housing or shelter,
and drug and alcohol treatment — can in many cases protect public and
victim safety as well as assure the arrestee’s appearance at trial.”
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