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Fri, Apr 2nd 2021 3:29am
Tim Cushing
Bail can no longer be used to keep still-presumed-innocent people locked up in California. In a unanimous decision [PDF], the state s Supreme Court has declared keeping people locked up just because they can t afford bail is unconstitutional.
The decision doesn t entirely eliminate bail it can still be used in some cases but it cannot be the default operating mode for handling arrestees. The court starts the opinion by pointing out there s a big gap between principle and practice when it comes to bail. The state has a compelling interest to use bail to insure trial appearances and provide public safety. That point isn t being argued.