The Eighth Amendment states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” If one is unable to pay “excessive bail” or an “excessive fine,” and Bail Reform Act (1984), upheld by SCOTUS in ‘87 only applies to...
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federal cases, but no decision by SCOTUS has been made as to its application to the states, each state better step up and take care of its people. The Eighth Amendment is pretty darn clear on the issue, so there is no reason for those who live in poverty to languish in jail.
End of conversation
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It’s awful and a lot of judges will waive the costs and fees they can. The bigger problem is the costs of probation. It’s absolutely ludicrous. Have had many a client go to jail for failing to keep up with the costs
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