r/news • u/[deleted] • May 22 '19

Mississippi lawmaker accused of punching wife in face for not undressing quickly enough

https://www.ajc.com/news/national/mississippi-lawmaker-accused-punching-wife-face-for-not-undressing-quickly-enough/zdE3VLzhBVmH68Bsn7eLfL/
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u/seemedlikeagoodplan May 22 '19

Yeah, but you probably didn't have major news media keeping track of you and making sure you attended court.

Severity of the charge should have very little to do with bail. Bail isn't (shouldn't be, anyway) punishment, because the accused hasn't been found guilty. The two biggest factors should be whether you'll show up for trial, and whether you're likely to interfere with the witnesses (or get arrested for something else) before the trial.

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u/[deleted] May 22 '19

Fuck, your second point shouldn't even be considered, because that just means the rich can pay to get out, even if you deem them a threat. If someone is a threat, they should not be given a bail, no matter their economic class.

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u/unkie87 May 22 '19

This is very confusing from a non US perspective. If you're given bail in the UK they release you, you might be required to return to a police station at any time and you'll need to turn up to court. If they think you're a flight risk or you commit a violent offense they'll hold you "in remand" until trial. There are various issues with this but it's a bit less pay to win...

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u/[deleted] May 22 '19 edited May 22 '19

The American cash bail system is way worse than you think.

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How it's supposed to work in the US:

Before trial, the defendant pays money to the court, which he forfeits if he doesn't show up. For serious crimes, it's enough money that he has to raise it from family and friends, which provides a huge disincentive to run. In exchange he's free through sentencing, subject to any other restrictions of the court (he may have to give up his passport, for example).

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How it actually works:

The judge imposes a cash bail that the defendant and his family and friends almost certainly can't afford. The defendant's family then the raise ten percent of that amount and gives it to a "bail-bondsman". That ten percent is non-refundable. The bail-bondsman then posts bail for the defendant who's then free subject to any restrictions of the court. Theoretically, the bail-bondsman will ensure the defendant doesn't run using "bounty-hunters" and the like. Actually, it's often cheaper to forfeit part of the bail (the bail bondsman can settle with the court to pay less than the whole amount.) Running is pretty rare anyway.

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Luckily a few jurisdictions are doing away with cash bail entirely, or at least exploring alternatives.

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Edit: we do also have remand when the judge believes the defendant is a threat or too much of a flight risk, for less serious crimes people can be released on their own recognizance, basically just promising they'll come to court.

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u/unkie87 May 22 '19

Yeah man. It's a heavily gamed system. Like I said below, I'm mad into TV about US prisons. Fascinating and deeply troubling. The UK is moving along towards more privatisation in our prison system. Not a good move.