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 Post subject: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 4:34 pm 
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http://www.nbcnews.com/news/us-news/jus ... ?cid=sm_tw

Justice Department Says Poor Can't Be Held When They Can't Afford Bail
by PETE WILLIAMS

Holding defendants in jail because they can't afford to make bail is unconstitutional, the Justice Department said in a court filing late Thursday — the first time the government has taken such a position before a federal appeals court.

It's the latest step by the Obama administration in encouraging state courts to move away from imposing fixed cash bail amounts and jailing those who can't pay.

"Bail practices that incarcerate indigent individuals before trial solely because of their inability to pay for their release violate the Fourteenth Amendment," the Justice Department said in a friend of court brief, citing the Constitution's guarantee of equal protection.

The filing came in the case of Maurice Walker of Calhoun, Georgia. He was kept in jail for six nights after police arrested him for the misdemeanor offense of being a pedestrian under the influence. He was told he could not get out of jail unless he paid the fixed bail amount of $160.

Justice Department's civil rights lawyers said in their brief that courts must consider a person's indigence and look at other ways of guaranteeing an appearance in court.

"Fixed bail schedules that allow for the pretrial release of only those who can play, without accounting for the ability to pay," the government said, "unlawfully discriminate based on indigence."

A federal judge in January ruled in Walker's favor, ordering the city to let those arrested on misdemeanor offenses be released on their own recognizance and to make other changes in its post-arrest procedures.

In appealing that order, the city said the preset amounts of the city's bail schedule are tied to the seriousness of each offense and are specifically allowed under Georgia law.

"A system of unsecured recognizance bonds," the city said in its appeal," greatly reduces the incentive for defendants to appear."

The city is supported by the Georgia Sheriff's Association and by a group representing the nation's bail bondsmen. They argue that the Constitution does not guarantee bail, it only bans excessive bail.

"It thus simply cannot be that any defendant arrested for any crime must be immediately released based on a bare assertion of indigence," the group said in its court filing.

Barry J. Pollack, president of the National Association of Criminal Defense lawyers, said Friday said he applauded the Justice Department's for making "critically important arguments."

A spokesman for the defense lawyers group said it believes "pretrial liberty must be the norm and detention prior to trial the carefully limited exception."

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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 4:37 pm 
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Well, this should work out swimmingly.

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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 4:37 pm 
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I foresee no problems at all.

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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 4:44 pm 
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Poor people get all the breaks. :(

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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 4:54 pm 
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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 4:56 pm 
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Obama's DoJ doing good work in their final 6 months. First killing private prisons for Federal detainees. And now this.

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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 4:56 pm 
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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 5:00 pm 
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Pete Williams - brought to DC by Cheney to be Defense Dept spokesman during the Gulf War. His constant appearances on CNN etc and smart-but-even-keeled demeanor had people talking about Williams maybe making a run for Congress back in their (Cheney/Williams) home state of Wyoming.

And then Williams got brutally outed by some gay publication, the Advocate? This was back in 91. Ended any public office aspirations Williams might've had.


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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 5:04 pm 
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Hussra wrote:
Obama's DoJ doing good work in their final 6 months. First killing private prisons for Federal detainees. And now this.

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Also did a smashing job at giving dictators and despots control of the internet.


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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 5:08 pm 
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Well, it's kind of true, isn't it?

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 Post subject: Re: No Bail? No Problem!
PostPosted: Fri Aug 19, 2016 5:13 pm 
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meh, governments can try all they want, the internet cat ain't ever going back in the bag--at least not in our lifetimes. the Gen-Xers who built it and maintain it and continue to develop it are by nature anti-authoritarian and suspicious of governments and mega-corporations.

hell, the Feds eventually had to waive background checks and drug tests to get decent enough developers to fix the ACA marketplace.


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 Post subject: Re: No Bail? No Problem!
PostPosted: Sat Aug 20, 2016 10:16 am 
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If they cant make bail, send them to Rockford

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 Post subject: Re: No Bail? No Problem!
PostPosted: Sat Aug 20, 2016 12:20 pm 
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 Post subject: Re: No Bail? No Problem!
PostPosted: Sat Aug 20, 2016 12:42 pm 
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Hussra wrote:
Obama's DoJ doing good work in their final 6 months. First killing private prisons for Federal detainees. And now this.

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+1

Easy to side with misdemeanor detainees against schemes like Cook County's, GA sheriffs and a bailbondsmen's association.

I can't wait to see POTUS' pardon list. Hopefully includes everyone convicted on just low level, non-violent drug charges

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 Post subject: Re: No Bail? No Problem!
PostPosted: Sat Aug 20, 2016 12:57 pm 
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Regular Reader wrote:
Hussra wrote:
Obama's DoJ doing good work in their final 6 months. First killing private prisons for Federal detainees. And now this.

Image


+1

Easy to side with misdemeanor detainees against schemes like Cook County's, GA sheriffs and a bailbondsmen's association.

I can't wait to see POTUS' pardon list. Hopefully includes everyone convicted on just low level, non-violent drug charges


That would be quite a thing.

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 Post subject: Re: No Bail? No Problem!
PostPosted: Sat Aug 20, 2016 10:45 pm 
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Regular Reader wrote:
Hussra wrote:
Obama's DoJ doing good work in their final 6 months. First killing private prisons for Federal detainees. And now this.

Image


+1

Easy to side with misdemeanor detainees against schemes like Cook County's, GA sheriffs and a bailbondsmen's association.

I can't wait to see POTUS' pardon list. Hopefully includes everyone convicted on just low level, non-violent drug charges

And this guy

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 Post subject: Re: No Bail? No Problem!
PostPosted: Sun Aug 21, 2016 12:57 pm 
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Hussra wrote:
meh, governments can try all they want, the internet cat ain't ever going back in the bag--at least not in our lifetimes. the Gen-Xers who built it and maintain it and continue to develop it are by nature anti-authoritarian and suspicious of governments and mega-corporations.

hell, the Feds eventually had to waive background checks and drug tests to get decent enough developers to fix the ACA marketplace.


the NSA can't even keep the drug-fueled haxors out of their servers. prolly cuz the beaked-up hackers never sleep.

the convivial relationship between hackers and drugs has a long historical pedigree--in internet time. In Clifford Stoll's 'The Cuckoo's Egg', Stoll details his attempts to track down some unknown hacker who keeps breaching the network and rooting the servers of Lawrence Berkeley National Laboratory. The hacker'd work late at night (at least for Stoll) to access LBNL's severs and download reams of data;and then, initially at least, erase any trace he'd been there.

Stoll explains his process of honeypotting and watermarking various data that he feeds the hacker in attempts to vet whether the hacker was in the US Government or overseas or what. It's a surprisingly compelling read. Toward the end it builds up to you-the-reader thinking it's the pesky Russkies (pre-Berlin wall falling) using all their resources to attempt to gain access to US nuclear energy secrets; as the honeypotted/watermarked data starts echoing back from folks behind the wall in the USSR/Eastern Bloc.

[SPOILER ALERT]

Nope. In a somewhat whimper-not-a-bang ending, Stoll sheepishly reveals that he'd been foiled for years by some german cokehead solo hacker who when caught revealed that the only reason he hacked the servers--and he hacked many more than just the LBNL severs--was to get information to sell to the East Germans so he could use the money to buy cocaine.




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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:11 pm 
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Regular Reader wrote:

I can't wait to see POTUS' pardon list. Hopefully includes everyone convicted on just low level, non-violent drug charges


he's working on it. More good work by President Obama:

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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:18 pm 
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Rotten table scraps that have been sitting in a garbage can for years are thrown to the retards and they eat it up and ask for more!

What a hero this piece of shit is!


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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:24 pm 
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SomeGuy wrote:
Rotten table scraps that have been sitting in a garbage can for years are thrown to the retards and they eat it up and ask for more!

What a hero this piece of shit is!



Xanax (alprazolam) is a benzodiazepine (ben-zoe-dye-AZE-eh-peen). Alprazolam affects chemicals in the brain that may be unbalanced in people with anxiety.

Xanax is used to treat anxiety disorders, panic disorders, and anxiety caused by depression.

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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:29 pm 
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Seacrest wrote:
SomeGuy wrote:
Rotten table scraps that have been sitting in a garbage can for years are thrown to the retards and they eat it up and ask for more!

What a hero this piece of shit is!



Xanax (alprazolam) is a benzodiazepine (ben-zoe-dye-AZE-eh-peen). Alprazolam affects chemicals in the brain that may be unbalanced in people with anxiety.

Xanax is used to treat anxiety disorders, panic disorders, and anxiety caused by depression.


Keep slugging down his dong turd snacks and asking for seconds! War on Drugs still going strong! Still raining Hellfires on women and children? Sure! Still signing laws that allow American citizens to be defined indefinitely without reason? Yup!

But he let out some lot smokers! OH BOY, WHAT A GUY!


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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:32 pm 
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SomeGuy wrote:
Seacrest wrote:
SomeGuy wrote:
Rotten table scraps that have been sitting in a garbage can for years are thrown to the retards and they eat it up and ask for more!

What a hero this piece of shit is!



Xanax (alprazolam) is a benzodiazepine (ben-zoe-dye-AZE-eh-peen). Alprazolam affects chemicals in the brain that may be unbalanced in people with anxiety.

Xanax is used to treat anxiety disorders, panic disorders, and anxiety caused by depression.


Keep slugging down his dong turd snacks and asking for seconds! War on Drugs still going strong! Still raining Hellfires on women and children? Sure! Still signing laws that allow American citizens to be defined indefinitely without reason? Yup!

But he let out some lot smokers! OH BOY, WHAT A GUY!


Your thoughts and those of the POTUS are not mutually exclusive.

Let your schizophrenic side see things his way on this.

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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:34 pm 
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Murdering women and children is ok.

Gotcha.


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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:37 pm 
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He's not done:

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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:39 pm 
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Hussra wrote:
He's not done:

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Absolutely correct, plenty more children to explode with themrobaric weapons.


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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:39 pm 
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SomeGuy wrote:
Murdering women and children is ok.

Gotcha.


I didn't say that.

But people on life sentences for selling LSD to Jerry Garcia's kids is a little excessive no?

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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:51 pm 
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so wait, does this mean that now there's basically no more bail/bonds at all? or do you have to go through some kind of "background check" where they determine your worth via income/bank-accounts/assets/etc and then if you fall below a certain threshold/figure then you have to be let go on your own recognizance? (i-bond) ?? did they just seriously put the bail bondsmen/bounty-hunter industries out of work?! (or well i guess if you skip trial that still applies...)

cuz yeah while on the surface "no more bail/bond everyone free til trial" sounds good, man, if it's some deal where they gotta determine you're poor/destitute enough to get free bond then like.... they're going to have to have access to all of your financial shit to check it, and that means the govenrment is going to basically have to de-facto audit every criminal to see how much $$$/assets they (legally?) have? if that's the case then basically everyone who gets arrested will now get some kind of IRS-audit-type-thing? wow that's a scary thought!

i once read some fringey story about cops supposedly having some device that can swipe/scan your bank/ATM/etc cards and determine how much you've got in there when you're arrested, so then if it's a drug charge and they wanna say "hey this guy with a pound of weed in his trunk doesnt have a job but he has $50k in the bank? confiscate that drug money stat!"

yeah holy shit, this is a pretty damn slippery slope.... i reckon some people will yell out "FINALLY WE GOT SOMETHING!!!" but in reality subjecting everyone arrested to mini/audits = holy shit that's fucking scary.

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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:55 pm 
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it applies to misdemeanors. i think this grew out of the problem similar to what the city of Ferguson was doing:

arresting people for not paying moving violations and then holding them in jail and requiring bail (and any sort of bail amount could be prohibitive for some) causing them to miss work/lose jobs etc.


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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 8:59 pm 
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btw, after i finished typing that last post i just thought "hey wait a minute, maybe they can do some thing where when you're in the write-up process of the arrest you will be given an option if you wanna apply for [X] TOO POOR FOR BAIL then and only then do you get the audit to see if you quality for "too poor to bail" (which has to be the bizarro version of "too big to fail" right? =) and that might make things more manageable...

..but then i can still see some people up in arms like "I DON'T WANT THE GOVERNMENT ALL UP IN MY FINANCES JUST BECAUSE THEY DON'T BELIEVE ME WHEN I TELL THEM I'M TOO POOR TO AFFORD BAIL! WHAT I GOT IS MY BUSINESS AND NOT THEIRS!" and then i guess the next step is just to get rid of bail/bond entirely.

still tho, this is potentially a rather cunning move on the justice dept's part if they wanna try and catch some idiots who wanna try and "game the system" by claiming too poor for bail yet they're drug dealers or something sitting on $$$tacks of cash/assets and now if they wanna try and play el pobrecito then they gotta risk getting their shit discovered by uncle sam, who of course would likely swoop in and seize a lot of shit in the name of "free $hit!!!" (ironically not too unlike, say, a riot =)

Hussra wrote:
it applies to misdemeanors. i think this grew out of the problem similar to what the city of Ferguson was doing:

arresting people for not paying moving violations and then holding them in jail and requiring bail (and any sort of bail amount could be prohibitive for some) causing them to miss work/lose jobs etc.


only for misdemeanors? damn i think the only time i've ever had a bond on a misdemeanor was like $250-350 when i got a DUI back in 2009, otherwise misdemeanors are basically "you get out when your prints come back a few hours later" (unless maybe you're some kind of "super predator" who "needs to be made to heel", right hillary? =)

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 Post subject: Re: No Bail? No Problem!
PostPosted: Tue Aug 30, 2016 9:08 pm 
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waiting for prints to come back sucks.

i've always been released ROR or personal I-bond or whatever Illinois calls it on misdemeanors for drunken bar fisticuffs or whatever nonsense. been arrested in 3 states? I think. Maybe 4. So I don't know how the other 46 do it. No DUI's, knock on wood.


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