DoJ Says Jail for Not Making Bail is UnconstitutionalQuicklink submitted By Rob Kall Permalink
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The DoJ says jailing poor defendants for not being able to pay bail is unconstitutional. Reform requires challenging the bail bond industry.
The Department of Justice (DoJ) has stepped up to address one of the more egregious ways the criminal justice system discriminates against poor people who have been arrested. In a friend-of-the court brief filed before the U.S. Court of Appeals for the Eleventh Circuit earlier this month, the DoJ averred “that a bail scheme that mandates payment of fixed amounts to obtain pretrial release, without meaningful consideration of an individual’s indigence and alternatives that would serve the City’s interests, violates the Fourteenth Amendment.”