6 ms·

There needs to be a way of controlling activist judges. Why the court is even able to decide what amount the bail is, is beyond me. Of course, I'm not even men

by readme 13y ago

There needs to be a way of controlling activist judges. Why the court is even able to decide what amount the bail is, is beyond me. Of course, I'm not even mentioning the part about being thrown in jail for what is tantamount to thought crime. That's a whole 'nother issue. ---------- EDIT: I'm not sure why my comment has been downvoted? Incase you were confused, I was referring to this here: "In April, a grand jury in Comal County, Texas, indicted Carter on a charge of making a terroristic threat, and a judge set bail at $500,000." See, even though the Jury found him guilty, the Judge set the bail enormously high. This kid did NOTHING. He exercised his first ammendment rights, and got a 500k bail for it. The real problem here was the Judge, who gets to set the bail after the fact. I wonder what the jury would have concluded if they had been allowed to decide the bail?

mindslight 13y ago
AFAIK, in the less-civilized states it's not expected that most people will pay the entire bail amount directly. The standard course is that they put up 10% or so (and the judge sets the total amount expecting this) and call a privatized "bail bondsman" to put up the rest (and charge a hefty fee). You see, it's more fair this way, because you have a choice of which entity will screw you sans trial.
- param 13y ago
  The 10% is the non-refundable fee. So for a 500k bail, you are out 50k, not something that everyone can do.
  - greedo 13y ago
    I've never understood the logic behind that. As long as you don't violate your bail provisions, why wouldn't all of your bail be refundable?
    - mindslight 13y ago
      Because unless you have $500k sitting around, your choices are to sit in jail until people-who-go-home-every-day decide it's time to have a trial, plea, or contract with a private company to loan you the $450k and pay their massive fee. Once you realize how this end of the system works, it's quite hard to tell yourself that the words "innocent until proven guilty" mean anything.
- tmzt 13y ago
  In most of the states where a person will pay a surety bail agent that 10%, the amount (10%) is required by law and not set by the bail company. The term "hefty fee" implies this is arbitrary or similar to a loan shark.
Steko 13y ago
"found him guilty" You may have just misspoke but to clarify grand juries do not determine guilt but are used to determine if charges can be brought in the first place.
- DrStalker 13y ago
  He was placed in jail for 6 months, so no matter what the technicalities are that seems a lot like a de-facto guilty verdict.
Vivtek 13y ago
In reference to your edit - the phrase "activist judge" is a bit of a dogwhistle for conservatism; it's easy to click to downvote before really digesting what you said. That said, an independent judiciary is an important part of the separation of powers on which American government is based. While I personally find this entire thing reprehensible from soup to nuts, the judge's power to set arbitrary bail really is the way the system is supposed to work (the kid getting beat up in prison is not the way the system is supposed to work - except that plenty of Americans need a lot more civics education and actually do like to think of people getting raped in prison as extrajudiciary punishment for the suspicious). Also, an indictment is not a ruling of guilt. A grand jury is convened to decide whether there's a case at all. I personally think this grand jury should have their citizenship revoked until they've passed a battery of examinations in what America stands for, but sadly, that's again not the way the system works.
- mistermann 13y ago
  > battery of examinations in what America stands for I think we should have a refresher on what America does stand for, because I think it has changed quite fundamentally in the last <x> years, regardless of what your political angle is on the subject.
  - krichman 13y ago
    "I pledge allegiance to the wealthy of the United States of America, and to their police force that beats and lies, one Nation under God, unaccountable, with liberty and air travel for few."
    - jackpirate 13y ago
      So basically what it always stood for then
      - mistermann 13y ago
        That's not true at all.
erehweb 13y ago
There are judicial elections. Don't know if this particular position is subject to election.
- techsupporter 13y ago
  Almost all positions for judges are subject to partisan election in Texas, from the Court of Criminal Appeals (highest criminal court) to the Texas Supreme Court (highest civil court) down to the Justice of the Peace for a specific precinct. The exception is cities: most cities appoint municipal court judges for two- or four-year terms, as decided by the City Council and per the city's Home Rule charter. Municipal judges are elected in a minority of cities.
  - Luc 13y ago
    Doesn't that lead to judges pandering to the public to get re-elected? Here in Belgium judges are appointed for life (which then has a lot of problems when they're not as competent as they could be, but does offer protection when making unpopular decisions).
    - rayiner 13y ago
      Yes, terribly. Our federal judges are appointed for life. Our state judges are mostly elected, which makes state prosecutions in places like Texas a clusterfuck. And lots of people defend the states' rights to be retarded, because federalism.

by readme 13y ago

mindslight 13y ago

AFAIK, in the less-civilized states it's not expected that most people will pay the entire bail amount directly. The standard course is that they put up 10% or so (and the judge sets the total amount expecting this) and call a privatized "bail bondsman" to put up the rest (and charge a hefty fee). You see, it's more fair this way, because you have a choice of which entity will screw you sans trial.

param 13y ago
The 10% is the non-refundable fee. So for a 500k bail, you are out 50k, not something that everyone can do.
- greedo 13y ago
  I've never understood the logic behind that. As long as you don't violate your bail provisions, why wouldn't all of your bail be refundable?
  - mindslight 13y ago
    Because unless you have $500k sitting around, your choices are to sit in jail until people-who-go-home-every-day decide it's time to have a trial, plea, or contract with a private company to loan you the $450k and pay their massive fee. Once you realize how this end of the system works, it's quite hard to tell yourself that the words "innocent until proven guilty" mean anything.
tmzt 13y ago
In most of the states where a person will pay a surety bail agent that 10%, the amount (10%) is required by law and not set by the bail company. The term "hefty fee" implies this is arbitrary or similar to a loan shark.

Steko 13y ago

"found him guilty" You may have just misspoke but to clarify grand juries do not determine guilt but are used to determine if charges can be brought in the first place.

DrStalker 13y ago
He was placed in jail for 6 months, so no matter what the technicalities are that seems a lot like a de-facto guilty verdict.

Vivtek 13y ago

In reference to your edit - the phrase "activist judge" is a bit of a dogwhistle for conservatism; it's easy to click to downvote before really digesting what you said. That said, an independent judiciary is an important part of the separation of powers on which American government is based. While I personally find this entire thing reprehensible from soup to nuts, the judge's power to set arbitrary bail really is the way the system is supposed to work (the kid getting beat up in prison is not the way the system is supposed to work - except that plenty of Americans need a lot more civics education and actually do like to think of people getting raped in prison as extrajudiciary punishment for the suspicious). Also, an indictment is not a ruling of guilt. A grand jury is convened to decide whether there's a case at all. I personally think this grand jury should have their citizenship revoked until they've passed a battery of examinations in what America stands for, but sadly, that's again not the way the system works.

mistermann 13y ago
> battery of examinations in what America stands for I think we should have a refresher on what America does stand for, because I think it has changed quite fundamentally in the last <x> years, regardless of what your political angle is on the subject.
- krichman 13y ago
  "I pledge allegiance to the wealthy of the United States of America, and to their police force that beats and lies, one Nation under God, unaccountable, with liberty and air travel for few."
  - jackpirate 13y ago
    So basically what it always stood for then
    - mistermann 13y ago
      That's not true at all.

erehweb 13y ago

There are judicial elections. Don't know if this particular position is subject to election.

techsupporter 13y ago
Almost all positions for judges are subject to partisan election in Texas, from the Court of Criminal Appeals (highest criminal court) to the Texas Supreme Court (highest civil court) down to the Justice of the Peace for a specific precinct. The exception is cities: most cities appoint municipal court judges for two- or four-year terms, as decided by the City Council and per the city's Home Rule charter. Municipal judges are elected in a minority of cities.
- Luc 13y ago
  Doesn't that lead to judges pandering to the public to get re-elected? Here in Belgium judges are appointed for life (which then has a lot of problems when they're not as competent as they could be, but does offer protection when making unpopular decisions).
  - rayiner 13y ago
    Yes, terribly. Our federal judges are appointed for life. Our state judges are mostly elected, which makes state prosecutions in places like Texas a clusterfuck. And lots of people defend the states' rights to be retarded, because federalism.