The issue is bail in general, if we run under the assumption of “innocent until proven guilt (as determined by a jury of peers)” then bail is immoral.
We could argue most people would make a run for it; I’d argue that a trial should be held more quickly. No prison time for more than it takes to schedule a case with a judge. Arrest the person, have a trial starting within a week or so (or don’t arrest).
Part of what happens today is, they set a high bail. Lock people up for months to years without a trial, then people agree to a plea deal before the trial starts. It’s a way around due process. Imo a direct violation of the 8th amendment.
Bail used to make a tad more sense when there wasn’t an organized police force but random citizens arresting you. You could post bail to farm for the season, or what have you. Then they’d have the trial when the judge held court again (after he farmed his fields).
I think bail is immoral, mostly. It should be replaced by a system where being let free is the default, but if you are deemed a threat to public safety, then no amount of money should secure your freedom (and you should have a right to contest such a ruling and a right to a speedy trial etc etc).
We could argue most people would make a run for it; I’d argue that a trial should be held more quickly. No prison time for more than it takes to schedule a case with a judge. Arrest the person, have a trial starting within a week or so (or don’t arrest).
Part of what happens today is, they set a high bail. Lock people up for months to years without a trial, then people agree to a plea deal before the trial starts. It’s a way around due process. Imo a direct violation of the 8th amendment.
Bail used to make a tad more sense when there wasn’t an organized police force but random citizens arresting you. You could post bail to farm for the season, or what have you. Then they’d have the trial when the judge held court again (after he farmed his fields).