Criminal,
California Supreme Court
Mar. 26, 2021
Judges must consider means in setting bail, California Supreme Court rules
In the 29-page opinion, Supreme Court Justice Mariano Cuellar wrote that California’s current bail system, which conditions “freedom solely on whether an arrestee can afford bail,” is unconstitutional.
In a significant victory for advocates of changes in the bail system, the California Supreme Court ruled Thursday that judges must consider a defendant's ability to pay when setting bail in criminal cases and said indigent suspects should not be detained awaiting trial unless non-monetary release conditions can't ensure public safety.
The high court's unanimous decision, written by Justice
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Related Content
Criminal Law and Procedure
In re Humphrey
Common practice of conditioning freedom solely on whether arrestee can afford bail is unconstitutional.
Criminal Law and Procedure
In re Humphrey
Court must consider financial circumstances of defendant, and potentially effective alternatives to money bail, before setting bail amount.
