Friday, November 6, 2015

Presumption Of Innocence Is A Joke


AlterNet gives us just one example why... "Eighty-five percent of inmates in the city's jail have not been convicted of a crime.... Nationally, around 60 percent of people in jail are awaiting trial."

Eventually this woman's charges were dropped, but not before being incarcerated ending up $15,000 in debt. If anyone watches "The Good Wife" this season writers are giving us a horrible example of how bonding out works in this nation's courts.


With few exceptions no one should be forced to spend time in jail before found to be of guilt. Spin it anyway you want this is the presumption of guilt before innocence. Making matters worse a so-called right to a speedy trial can take months.

I'm not against forcing bail on those accused of major crimes that threaten the well being of other members of society. However for minor thefts, drug and a whole host of other charges which don't threaten other people this is wholly unnecessary for so many reasons. Among those being...(1) A matter of economics: (a) It cost taxpayers a lot of money to house them. (b) The poorest who walk among us are most forced to spend time in jail. (c) The bond industry is getting rich off of what turns out to be innocent people in many cases.

(2) Justice: (a) No one can take back the time one should have not spent in jail for minor offenses only then later to be found innocent (b) We lock people up in jail to protect society. Society needs no such protections from those who've committed no offences which threaten the safety of others well being. (c) Overzealous bails rob some of the ability to mount a proper defense against a well funded prosecution office.

(3) General welfare and well being: (a) A non violent shoplifter or drug user exposed to other prisoners threatens their well being unnecessarily exposing them to physical danger. (b) No good can come from exposing weak minded minor offenders to the influential persuasions of those further up the criminal food chain worse then they. (c) Incarceration is not rehabilitation. Jail time is not going to make anyone turn out to be a better person. The less time spent in jail (if innocent) the better off we and they shall be.
No I'm not soft on crime advocating for lighter sentencing. Nor excusing people for minor offenses they commit. What I am in favor of is measuring the amount of bail set for minor offenses and how we are dealing with these presently.

In some if not all too many cases judges seem to be using the bail bonding system as a means of punishment before the fact. That needs to be looked at.

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