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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I never said Rittenhouse was wealthy.
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Boudin effectively did. It's not important whether it's false, it's impermissible. The legal process is not meant to tip the scales if a defendant is a leftist, rightist, rich or poor; a DA must be neutral and cannot position himself as a political partisan.
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Wealth (of others) did set Rittenhouse free, so that statement was accurate. Glad we agree that politics and wealth should not tip the scales of justice. Unfortunately, in our cash bail system, wealth too often does.
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Bail is not set to prevent bailing out the defendant, but to reduce injustice to presumably innocent people. Creating the possibility of bailing out the defendant was the point of setting bail. If the bail is set wrong, Boudin must go after the judge, not after the defendant.
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Another genuine question: How does a judge set a fair bail when defendants have access to unknown sums of other people’s money because they’re a political hero?
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There are alternatives to bail, such as supervised release (similar to parole) and making bail conditional on first missing a court date.
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We may be a few hundred years late to this discussion. There are shelves of deep discourse by highly educated full time experts on this topic, and empirical data from many countries.
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Not at all too late. Check out this expert’s summation of some recent (limited) data on the positive impact that bail reform has had in NY.https://www.vera.org/blog/on-bail-reform-we-need-less-fear-based-speculation-and-more-data …
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