Anyone want to understand the failings of money bail? Look no further: strong evidence of a white shooter motivated by racial bias committing a double murder with an assault rifle. But wealth sets him free.https://www.usatoday.com/story/news/nation/2020/11/20/kyle-rittenhouse-accused-kenosha-shooter-released-2-million-bail/6363593002/ …
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Replying to @chesaboudin
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.
7 replies 0 retweets 73 likes -
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.
10 replies 0 retweets 6 likes -
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.
2 replies 0 retweets 4 likes -
Replying to @Plinz @chesaboudin
Joscha, genuine question: If we could show that cash bail-based systems result in greater rates of pre-trial detention than alternative systems that bail reform advocates are calling for without deltas in no-show rates, would you still support cash bail?
1 reply 0 retweets 0 likes -
Replying to @MDjava @chesaboudin
I don't have a well formed opinion on the interaction of bail, pre-trial detention, the way jails are run, bails are set, public safety etc. I am not competent to have one. I just think the particular argument was impermissible, because it replaces legal philosophy by politics.
1 reply 0 retweets 1 like
Thanks for acknowledging the limits of your expertise. I think you and Boudin actually share the goal of minimizing pre-trial detention. Boudin just emphasized the unequal application of pre-trial detention as a reason why the current system is flawed.
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