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More than four months after California voters rejected a ballot measure that would have abolished cash bail, the state’s highest court ruled on Thursday that the current system discriminates against poor people.
The Los Angeles Times reported that in a unanimous decision, “the California Supreme Court ruled that it is unconstitutional to require defendants to remain behind bars simply because they cannot afford bail,” adding that the ruling “told judges to favor pretrial release and consider a person’s ability to pay before setting bail.”
“The common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional,” wrote Justice Mariano-Florentino Cuéllar. “Other conditions of release – such as electronic monitoring, regular check-ins with a pretrial manager, community housing or shelter, and drug and alcohol treatment – can in many cases protect public and victim safety as well as assure the arrestee’s appearance at trial.”
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We Often Feel Like David Taking on Giants
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