02-25-2021, 01:51 PM
(02-25-2021, 01:20 PM)Sociopathicsteelerfan Wrote: Then base it on what? The seriousness of the crime, correct? As I have already pointed out, a prohibitively high bail acts the same as a remanding order. You only get prohibitively high bail for very serious crimes. So, based on your very criteria eliminating cash bail should mean that those cases in which the bail would have been prohibitively high, i.e. essentially the same a remanding order, should be replaced by an actual remanding order.
I would replace "seriousness" with violent crimes. Essentially, if it was not a violent crime then no one should be held until they are tried. If it is a violent crime they need to demonstrate a relatively high certainty to the judge that the defendant is involved somehow. Pre-trial detainment can ruin lives, we need to make damn sure we limit this as much as possible. Prohibitively high bail is all relative though and that is why this all matters. What is prohibitively high to me and to someone working at Mcdonald's are not the same thing. The average bail amount for a felony is about 10k, I can float that without a bail bondsman many can't and that starts a cycle of poverty for many is hard to dig out of.
I think we are kind of aligned but it's more about defining prohibitive.
