Cash Bail Isn’t For Everyone

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The Justice Department behind the Obama administration is making efforts to further protect defendants’ rights, especially those who come from the lower classes. They’re arguing, before a federal appeals court for the first time, that it is unconstitutional to hold defendants in jail when they cannot afford to post bail. It’s a violation of the Fourteenth Amendment.

The filing stems from the case of Maurice Walker of Georgia. Walker was arrested for being a “pedestrian under the influence,” a misdemeanor crime. He was held on a $160 bail, which he could not afford; he was kept in jail for 6 nights. In Walker’s case, he was eventually granted release on own recognizance. But of course, there are supporters and opposers of both sides.

All defendants are to be protected against e...