Proposition 25: Future of cash bail system in voters’ hands The fate of California’s controversial cash bail system is in the hands of voters, but disagreements over what could take the place of bail has divided those who have long fought to bring it to an end. If approved, Proposition 25 would overhaul the pretrial system by doing away with cash bail and instituting a risk assessment system to determine if a defendant should remain behind bars while they await their day in court.
Civil rights groups have long fought against the cash bail system, arguing that it allows wealthy defendants to buy their way out of jail while they await trial, leaving the less-well-off stuck behind bars, potentially for lengthy stretches, without having been convicted of a crime. “People who commit minor crimes and can’t afford to pay their bail sit in jail, while people who commit major crimes and can afford to bail out get out of jail,” Loyola Law School Professor Eric Miller said.
Those advocating for tougher criminal penalties, including many in law enforcement and the bail bonds industry itself, have long opposed changes to the current system, worrying that the release of more defendants […]
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