(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .
Illinois Cash Bail Reform Upheld [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2023-07-19
Illinois Cash Bail Reform Upheld
In a 5 to 2 decision, the Illinois Supreme Court upheld the constitutionality of a 2021 law to eliminate the practice of cash bail for criminal defendants, known as the Safety, Accountability, Fairness and Equity-Today Act (SAFE-T Act).
See Rowe v. Raoul (July 18, 2023)
https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/79db4d0e-4bed-4cd2-bec1-88fc1ba8b904/Rowe%20v.%20Raoul,%202023%20IL%20129248.pdf
It is difficult to square the presumption of innocence with pre-trial incarceration. However, practical considerations rebel at the prospect of releasing physically dangerous criminals once apprehended just because they are not yet convicted.
The traditional American compromise has been variations of the cash bail system that favors the affluent and disadvantages the poor. The wealthy can easily come up with large cash bond requirements that leave those with fewer financial resources sitting in jail while they wait for trial.
Article VIII, section 13, of the Illinois Constitution provides that “all persons shall be bailable by sufficient sureties . . . . ”
The five Democrat Justices who voted to affirm the Constitutionality of the SAFE-T Act observed that the word “sureties” does not necessarily mean “cash sureties.”
The two dissenting Republican traditionalists argued the Constitutional language was originally intended to mean monetary surety, and nothing has changed to justify a shifted interpretation.
This is an oversimplification of the issues and the Court’s opinion. I suggest you read the full text of the decision and dissent.
[END]
---
[1] Url:
https://dailykos.com/stories/2023/7/19/2182138/-Illinois-Cash-Bail-Reform-Upheld
Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.
via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/
