Excessive Bail



Excessive bail shall not be required, nor excessive fines imposed… 8th Amendment

In recent days, members of the California State Senate and Assembly have made the reformation of the Bail system a “Legislative Priority” in the State. Their reasoning is that on any given day, 63% of the people held in the States Jails have not been convicted of any crime. They are simply awaiting trial and cannot – for a variety of reasons – make bail.

The Legislative argument goes that the main reason that people cannot make bail is twofold. First that bail levels are set far too high in the State. Second is that the Bail system discriminates against those who are “poor,” in favor of those who have money. So the solution that at least two other States have elected to employ is to eliminate Bail requirements for some “low level” crimes.

The history of Bail in The United States traces its origins to 1689 and the Glorious Revolution. And, with just a single word change since, has been a cornerstone of those rights which we have held dear, both as Englishmen and as Americans.

So is Bail really discriminatory? Or is there a bigger problem? Or any problem at all? And why hasn’t the Supreme Court addressed it?

Today we look at Bail on Constitution Thursday.

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About Dave

Talk Show host, lifelong Baseball and Star Trek fan, US Navy Submariner and Fire Control Technician (Ballistic Missile) 1st Class Petty Officer (Submarine Qualified), Dave is married with four daughters, one son, two sons-in-law and two grandchildren plus one on the way. He resides quietly in Manteca, CA, where he records his podcast, Plausibly Live, three days a week. He also writes for several other blogs and as a "Stay at home Dad" plays a lot of games with his son. Dave loves books, history and is learning to weld and drive a forklift. Just for fun. Dave is also a Life Member of the Disabled American Veterans and a Member of the US Submarine Veterans.

Posted on February 9, 2017, in 8th Amendment, Constitution, Podcast and tagged , . Bookmark the permalink. Leave a comment.

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