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We're talking about bail here. Your comment assumes prosecutors must hold the accused in jail until trial. If the prosecutor is worried about paying out wrongfu
by infogulch 8y ago
We're talking about bail here. Your comment assumes prosecutors must hold the accused in jail until trial. If the prosecutor is worried about paying out wrongful imprisonment compensation, just don't hold them in jail for 6 months while their trial is waiting (by setting bail low enough for them to pay it).
Right now the equation for deciding whether to hold someone in jail is entirely weighted to indiscriminately holding them for an indefinite amount of time. Why? Because it has zero impact on the state. The state finds it a little more convenient to hold them until trial (risk of runaway etc) so they do it for any minuscule reason while the life of the accused is thoroughly fucked.
Wrongful imprisonment compensation re-balances that equation. Now when setting bail instead of only considering runaway risk, they also have to consider the strength of the evidence and severity of the crime and balance it against the risk of losing the case and having to pay out compensation. This is still a little weighted towards the state but is much less one-sided than the current system.