The purpose of pre-trial jail is not punitive, since suspects are innocent until proven guilty. Bail is set based on flight risk and danger to the community. It is possible that the decision of the judge was wrong, but your tweet reflects a poor understanding of legal principles.
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Replying to @Plinz @chesaboudin
Joscha, I respect your work but you’re missing Chesa’s point. It’s unjust to use one’s ability to pay to decide whether they are let out. Poor people accused of minor offenses stay confined while more dangerous wealthier individuals are let out.
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Replying to @MDjava @chesaboudin
From the perspective of the legal principles and human rights, it is unjust to lock up innocent people. Bail exists to mitigate that (and is adapted to the case, estimated risks and financial circumstances of accused). You cannot increase justice by dishing out more injustice.
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Replying to @Plinz @chesaboudin
I don’t see Chesa or other bail reform advocates advocating for locking up more innocent people in lieu of cash bail. Here’s an article explaining how bail generally isn’t properly adapted to the financial circumstances of the accused:https://www.vox.com/future-perfect/2018/10/17/17955306/bail-reform-criminal-justice-inequality …
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Replying to @MDjava @chesaboudin
I think that, even worse, Boudin perceives bail as a politically partisan issue, and his argument suggests that for him, the rights of the accused are influenced by skin color, political leanings and life circumstances.
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Replying to @Plinz @chesaboudin
I don’t think Boudin is suggesting that Rittenhouse should not have been released on bail because of his skin color or political leanings. He’s merely drawing attention to the disparate treatment of whites and blacks in our justice system.
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Replying to @MDjava @chesaboudin
He is arguing that defendants should not have a right to be released until their trail if bail and public safety would allow that, because here is a presumably evil, presumably white supremacist, presumably rich kid who was able to post the bail that the judge set?
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Replying to @Plinz @chesaboudin
He’s saying, here’s a situation where someone who is accused of a double murder is set free because of wealth while so many poor (and often black) people accused of less dangerous offenses are kept in jail because they can’t post $500 bail.
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Replying to @MDjava @chesaboudin
From a legal perspective, pre-trial jail is an injustice to a presumably innocent person, but may be justified to make sure that the accused shows up for the trial. If bail can achieve that, it is not a privilege, but a basic human right.
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Replying to @Plinz @chesaboudin
We all agree that pre-trial jail is an injustice that should only be used in compelling circumstances. But whether bail decreases the use of pre-trial jail is an empirical question. The answer seems to be it increases pre-trial jail overall, esp for the poor.
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Also, don’t overlook the fact that there may be better ways to ensure defendants show up to court that aren’t contingent on one’s ability to pay.
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