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by xeromal 1000 days ago
I don't know if I agree with this comment. Small things like cash bail keep people honest and you're assuming a binary scenario.

Let's say I'm selling my car privately on craigslist and the guy wants to drive my car. If he gives me his ID or the keys to his car, I'll let him take it for a spin. (Let's assume I don't want to ride with him because I'm doing something else). Most likely, he'll return because the headache of stealing my car is greater than the worth he'd get out of taking it. Sure, the odds aren't 100% he'll return it but they'll be high. Now if he shows up, has no ID, has no cash deposit, or anything else he can leave with my, the temptation to just take the car is definitely more than when I have something of his.

Cash bail has definitely been corrupted but I do think it serves a purpose of keeping people honest just like a lock on your house keeps people honest.

2 comments

Thats pretty much the argument in favour of it.

The argument against it is that it makes life harder for everyone except those who have spare cash hanging around.

Coincidentally, those who have spare cash hanging around may not value it as highly as their freedom, so they maybe are still likely to ditch and run?

Which means that bail is really only a good motivator for that sweet spot of accused criminal who both has enough cash available to be able to put it up, and has so little cash available that getting their bail back quickly is hugely important to them. Except that they dont get it back quickly anyway, it can take quite a long time...so ehh...

What percentage of people granted bail are unable to post it for financial reasons? I don’t know the answer, but if the system is a good fit for the vast majority of people who ever get arrested, then I would consider that a good system.

There are no solutions, only tradeoffs.

It's incredibly high:

https://www.usccr.gov/news/2022/us-commission-civil-rights-r...

> More than 60% of defendants are detained pre-trial because they can’t afford to post bail.

https://www.americanbar.org/groups/crsj/publications/human_r...

> As many as 500,000 people are held across the country in local jails because of their inability to pay bail, mostly for low-level offenses.

Do yourself and watch a public bond hearing. Guaranteed you'll be surprised by not just how much it's been "corrupted" but also how routine it is.