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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It's normal to feel that because a person you dislike may be guilty, these rights should not be extended to him, especially if some other people you like cannot post enough bail to not be a flight risk, but Boudin is abusing your feelings to argue against a basic legal principle.
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I’m not advocating for denying Rittenhouse the right to post bail. And it’s not that people I “like” can’t post enough bail to not be a flight risk. They can’t post even minuscule amounts of bail despite not being flight risks. (Read the Vox article.)
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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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