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That doesn't answer the question. You also get bail by default in the US, "without condition." However, the definition of bail is literally collateral or securi
by goodluckchuck 7y ago
That doesn't answer the question. You also get bail by default in the US, "without condition." However, the definition of bail is literally collateral or security that you provide to ensure your return. So to say that you get bail in the UK is just to say that the UK does the same thing.
There's this implication that poor people can't make bail because they're poor, which is utterly false and made in bad faith by most who imply it.
If a person is not released on their on recognizance in the US (i.e. without bail), then bail is set by the court based on 1) extent to which the person is a flight risk / risk to public safety, and 2) the person's ability to pay. Let me say that again, the amount of a cash bail is based on the defendant's ability to pay.
If a person is only a mild flight risk, then the judge will choose an amount that is within the defendant's financial means, but also sufficient to encourage them to show up. If a defendant proves they they are poor, then this amount is be very small. However, if they prove they are poor and the judge still sets a bail that they cannot reach without borrowing from friends and family or a bondsmen, then that also says something. It means the judge determined they're too much of a risk to trust on their own. The point of cash bail is often to make the defendant accountable to friends, family, bail-bondsmen... which encourages them to show up.
A confounding factor is that wealthy people are rarely a serious flight risk. An illegal alien charged with DUI may have friends who he can hide with, skills he can use to work anywhere, and the knowhow to "stay off the radar." An accountant who charged with DUI, however, can be tracked by their phone and bank accounts, likely has far more to lose by fleeing (a paid-off house, a family that lives in town with them, a job that reports their employment to government, etc.). These are all factors that go into the amount cash bail. So, it might look like "he's getting out because he can pay despite being charged with the same crime" when the real reason is that "the judge picked an amount he can pay because he's not a serious flight risk."
- lucasmullens 7y ago> There's this implication that poor people can't make bail because they're poor, which is utterly false and made in bad faith by most who imply it. If someone is too poor to pay anything, what should they set the bail to?
- stjohnswarts 7y agoBail has proven to be negative over and over and the only ones who benefit are the people who loan money to bailees. Just look at countries that don't use collateral for bail and see their outcomes are -better- than in the USA (we're talking western 1st world countries here)
- ummonk 7y agoIf a person has $10 in savings, what level of bail would you posit both prevents them from fleeing and allows them to make bail?
- goodluckchuck 7y agoHow does getting rid of cash bail fix this problem?
- dragonwriter 7y ago> That doesn't answer the question. You also get bail by default in the US, "without condition." However, the definition of bail is literally collateral or security that you provide to ensure your return. No, the definition of “bail” being referenced is literally the temporary release of a person awaiting trial. The use you are referring to is also a definition of bail (and perhaps the one most commonly encountered in the US because of its unusual and excessive use of cash bail), a newer one derived from the older one and referring to the surety offered as a condition for bail (in the earlier sense.) But it is never given to people unconditionally, so it clearly wasn't the sense intended (it's given by the or on behalf of the person awaiting trial, on the condition that that person be released.)
- deleted 7y ago[deleted]
- avianlyric 7y agoYou’re referring to a bail bond. Bail is just being released from custody with a promise to attend court later. The US tends to conflate the two because of the US’s heavy use of bail bonds. This not something common everywhere.