The Department of Justice made a court filing on Thursday before a federal appeals court which said that it is unconstitutional to hold poor people in jail when they can’t afford bail.
“Bail practices that incarcerate indigent individuals before trial solely because of their inability to pay for their release violate the Fourteenth Amendment,” the Department of Justice said in a friend of court brief.
The filing came in the case of Maurice Walker of Calhoun, Georgia. Walker was held for six days for a pedestrian under the influence charge when he was unable to pay the $160 bail.
“Fixed bail schedules that allow for the pretrial release of only those who can play, without accounting for the ability to pay,” the government said, “unlawfully discriminate based on indigence.”
The federal judge agreed with the filing in January, and ordered the city to release everybody arrested on misdemeanor offenses.
Unfortunately, the DOJ’s solution of releasing all people pre-sentencing has a glaring issue; releasing criminals without bail gives them free (literally) reign to commit crimes.
Despite DOJ’s nonsensical solution, it...
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