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True, but keep in mind the bail money serves a purpose other than keeping people who can’t afford it in jail pending trial...it is collateral to deter defendant

True, but keep in mind the bail money serves a purpose other than keeping people who can’t afford it in jail pending trial...it is collateral to deter defendants from absconding.

loeg 6y ago
That may be the nominal purpose, but the primary function of monetary bail is coercing guilty pleas out of indigent defendants.
- throwaway_jobs 6y ago
  Their are tons of factors pushing a defendant to a plea...bail/bond are not one of them, perhaps you could explain. There are cases where the defendant is in jail pending trial gets a bail set and can’t afford it, then gets a plea that would result in his release so he takes it...but that in no way is the primary purpose of the bail to force the plea. I don’t think you would ever find such a case where the defendant hasn’t waived their right to a speedy trial. But feel free to link such a case.
ashtonkem 6y ago
If that were true, bail would be adjusted much more aggressively to match available resources. Instead we see people who are very poor getting five digit bails, and instead languishing in jail because they can’t afford bail. Pre trial detention should be based on the public good, and that is clearly not what we have today.
- throwaway_jobs 6y ago
  > If that were true, bail would be adjusted much more aggressively to match available resources. Nearly 40% of all defendants out on bail are ROR (no money required). Maybe it should be more or “more aggressive”, but few in my experience know that much or what ROR even is. Bail is otherwise pretty uniform (within each jurisdiction) based on the charges (sometimes a defendants past charges will be considered in the amount as well as ability to abscond). I see your point about matching the bail to the defendants resources...but it would just encourage attempts to abscond and skip trial. I was the victim of a kidnapping and the defendant got bail ($350k or so) and posted bond (paid 10% to a bondsman and they postEd the full amount). In reality the defendants mom posted the bail, the amount (even though not his money) was a deterrent for skipping trial, but he had nothing so if the amount was say $350 instead of $350k there would be no reason for him not to attempt to abscond, but even he wouldn’t run and harm his own mother financially. Still within 7 days Of posting bail and being released he violated the terms of his bail and was rearrested anyway.

True, but keep in mind the bail money serves a purpose other than keeping people who can’t afford it in jail pending trial...it is collateral to deter defendants from absconding.

loeg 6y ago

That may be the nominal purpose, but the primary function of monetary bail is coercing guilty pleas out of indigent defendants.

throwaway_jobs 6y ago
Their are tons of factors pushing a defendant to a plea...bail/bond are not one of them, perhaps you could explain. There are cases where the defendant is in jail pending trial gets a bail set and can’t afford it, then gets a plea that would result in his release so he takes it...but that in no way is the primary purpose of the bail to force the plea. I don’t think you would ever find such a case where the defendant hasn’t waived their right to a speedy trial. But feel free to link such a case.

ashtonkem 6y ago

If that were true, bail would be adjusted much more aggressively to match available resources. Instead we see people who are very poor getting five digit bails, and instead languishing in jail because they can’t afford bail. Pre trial detention should be based on the public good, and that is clearly not what we have today.

throwaway_jobs 6y ago
> If that were true, bail would be adjusted much more aggressively to match available resources. Nearly 40% of all defendants out on bail are ROR (no money required). Maybe it should be more or “more aggressive”, but few in my experience know that much or what ROR even is. Bail is otherwise pretty uniform (within each jurisdiction) based on the charges (sometimes a defendants past charges will be considered in the amount as well as ability to abscond). I see your point about matching the bail to the defendants resources...but it would just encourage attempts to abscond and skip trial. I was the victim of a kidnapping and the defendant got bail ($350k or so) and posted bond (paid 10% to a bondsman and they postEd the full amount). In reality the defendants mom posted the bail, the amount (even though not his money) was a deterrent for skipping trial, but he had nothing so if the amount was say $350 instead of $350k there would be no reason for him not to attempt to abscond, but even he wouldn’t run and harm his own mother financially. Still within 7 days Of posting bail and being released he violated the terms of his bail and was rearrested anyway.