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I think you should look at it in reverse. Why have cash bail? To save money and time. But when the state becomes technologically advanced enough that catching
by snagglegaggle 7y ago
I think you should look at it in reverse. Why have cash bail? To save money and time.
But when the state becomes technologically advanced enough that catching the accused is inevitable cash bail stops being an incentive that benefits the government unless it can be used to actively generate revenue. By disallowing cash bail you are forced to hold everyone that is accused and if you were enforcing bad laws for revenue generation this becomes expensive, not profitable.
The bail system is very profit driven, even on the government side. The existence of bondsmen has tended to increase the bail that is set for nonviolent, almost civil offenses. What becomes exceptional then is basically just capital crimes.
- zepto 7y agoCatching the accused is nowhere near inevitable so why is this relevant?
- snagglegaggle 7y agoFor many crimes they just don't bother looking for you because you will eventually need to resolve the issue. This makes it seem like it is easier to hide than it is, but you're not really hiding. I guess what I am trying to capture is the difference in active vs. passive policing. Have you ever tried to evade the law? You can't get a driver's license or nondriver's identification card, as the warrant prevents you from renewing or they stall you for arrest; you can't apply for social benefits, as you need ID; you can't take most jobs, as they are linked to your identity; and you can't get a passport and often can't leave the country. Going out can be hazardous as even if you don't need to provide ID you might get arrested for not doing so anyway, and social functions may request an ID either for serving alcohol or for admission. If you do get out of the country, you'd have similar or worse problems in Canada, and Mexico is far less amenable to undocumented transients than it used to be. Going further south might be an option but you're now talking about relocating to a different culture at considerable expense. Unless you're a well-off murderer the cost-benefit is not in favor of this.
- JohnBooty 7y agoYou've provided a number of wonderful explanations on this thread. As an American who's had zero personal involvement with the justice system, I'd never really stopped to consider the practice of cash bail. Thank you!
- sturgill 7y agoI once had a warrant issued for my arrest because I forgot to take care of a “fix-it” ticket. I got the letter in the mail and even the stress of driving a car was incredible. All it takes is going just a touch too fast and your life would change in an instant. Any whirling lights created intense anxiety. I only lasted about a week after I got the letter before I went to the station on my own time. Technically they were supposed to book me and then process the “fix it” paperwork (burned out headlight!) but in their words “the booking room is full and you’d just be released any way; but maybe next time take care of this faster?” I did send my mom a copy of the letter informing me the warrant for my arrest had been rescinded...
- skinnymuch 7y agoWhy would your life change so much/in an instant? Does your state mark your arrest for such a minor warrant in some permanent record or such, without being able to do much about it? You’re not being charged for a felony. DUIs are more serious as one example. I don’t know the extent to how you need to inform people like employers about it, but it hasn’t seemed to affect life in the medium or long term for people I know irl. The biggest issue is losing driving privileges for a decent amount of time. Which isn’t likely in your situation. Or the ones I’ve been in.
- sturgill 7y agoI simply didn’t want my car impounded while I was cuffed and put in the back of a police car. These were my undergrad years and I was in a different state studying (loosely defined). And there’s always a permanent record (short of expungement). “The background check for the job shows you were arrested; can you please explain?...” Honestly I don’t know how long stuff like that sticks around. And I’m also glad I never had to find out. It can be a funny story with a framed letter saying there’s no longer a warrant for my arrest. No Rick Perry mugshot pic circulating Facebook...