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from the Rich-and-poor-treated-the-same dept.
California Governor Jerry Brown has signed Senate Bill 10, the California Money Bail Reform Act, eliminating cash bail in the state:
An overhaul of the state's bail system has been in the works for years, and became an inevitability earlier this year when a California appellate court declared the state's cash bail system unconstitutional. The new law goes into effect in October 2019. "Today, California reforms its bail system so that rich and poor alike are treated fairly," Brown said in a statement, moments after signing the California Money Bail Reform Act.
The governor has waited nearly four decades to revamp the state's cash bail system. In his 1979 State of the State Address, Brown argued the existing process was biased, favoring the wealthy who can afford to pay for their freedom, and penalizing the poor, who often are forced to remain in custody.
[...] Under the California law those arrested and charged with a crime won't be putting up money or borrowing it from a bail bond agent to obtain their release. Instead, local courts will decide who to keep in custody and whom to release while they await trial. Those decisions will be based on an algorithm created by the courts in each jurisdiction.
Bail agents disapprove.
See also: California's 'cautionary tale' for others considering no cash bail system
California's bail bond empire strikes back
(Score: 2) by dry on Tuesday September 04 2018, @06:37AM (2 children)
In Canada, the Supreme Court recently (2016) ruled that the maximums are 18 months for Provincial Court without a preliminary hearing and 30 months otherwise due to our similar right, section 11(b) of the Charter. Quite a few court cases have been thrown out due to this ruling, including murderers.
Other differences, excessive bail is seldom required and only people considered at risk of flight are usually remanded into custody. I went through the court system a long time ago, before the Charter, and just had to regularly report in.
The courts usually reward double time for time spent in remand, so spend 6 months in remand and get sentenced to a year and you've done your time. Remand is one of the shittier ways to do time. You don't have the same privileges as the sentenced have, instead you just wait for trial.
(Score: 0) by Anonymous Coward on Tuesday September 04 2018, @02:30PM (1 child)
"Tough on crime" federal conservatives ended that practice some time ago.
(Score: 2) by dry on Tuesday September 04 2018, @04:00PM
Tried to. Courts still award it sometimes.