The American Civil Liberties Union was established to defend and preserve the individual rights and liberties guaranteed by the Constitution of the United States. One of their fundamental principles is that they oppose excessive bail. When you are arrested, it is not a privilege to be able to post bond and go back home. The state grants this right, and the bail bond companies have the right to be compensated for their services. The ACLU often raises arguments against this practice.
Bail can be defined as a form of financial security offered to ensure that someone will show up at their court hearings.
1: No one should be jailed just because he can’t afford bail
In the eyes of the ACLU, it is not fair that someone who doesn’t have a lot of money must stay in jail while rich people can get out. They are often released on low bail amounts that they can quickly pay. It also means that poorer people will spend more time behind bars than others who have committed the same crime. Furthermore, if someone cannot afford bail, they will not be granted one by the court in most states. If there are zero down bail bonds near me available, then the person can remain free until their trial date, however, if the person does not show up for a court date, they will be arrested and may face a higher bail amount. Recent statistics have shown that 94% of people with financial means will show up for their court dates. On the other hand, only 68% of those without financial resources can be counted on to show up in court.
2: Bail is unfair to those who have a low income
In this case, we should note that the rich and poor don’t just have different ways of life. There are also different expectations when it comes to their behavior. Many people might be able to afford bail but cannot pay cash in full at that moment. It is where bail bonds come in. Bail bond companies offer an insurance policy for people who cannot afford bail. They offer a loan that you need to pay back with interest. There are two significant problems with this kind of policy. First, you must pay back the entire amount before your court dates arrive, or you will have to stay longer in jail awaiting trial or paying extra fees. Second, people with serious criminal records are more likely to be eligible for bail than those with minor records. It means the rich and poor have different chances of being granted bail.
3: Many low-income people have no choice but to spend time in jail because they cannot afford bail
Bail is not a free pass for anyone. If you are not eligible for bail and cannot afford it, you will still need to appear in court. The only difference is that the judge may release you on personal recognizance or set your release conditions. You will have to find a way to pay the bail amount. Most likely, you’ll need to use your savings and will not be able to obtain legal unemployment benefits while in jail.
4: People do not have a right to have private companies make their choices for them
The ACLU does not think that people should have any rights at all. They believe that no one should be forced into doing anything, and they do not believe in any form of corporal punishment either. However, the United States Constitution gives people some rights which the federal and state governments can enforce.
5: It leads to people staying in jail longer
Many people are going to be overcharged for bail. This can result in them being stuck in jail longer than they would have been otherwise. Additionally, people who cannot pay bail might finally be forced to take a plea deal to get out of jail. This negates their right to a fair trial and is considered quite unethical. In many cases, the court will not even consider this an option because they know it would lead to more people pleading guilty and spending less time in jail.
The American Civil Liberties Union (ACLU) is a group that believes in protecting the civil liberties of all Americans. One of their goals is to decrease the use of excessive bail. They believe that all people should be given equal rights and that everyone should be treated equally under the law regardless of their status as rich or poor. The ACLU does not like bail bonds because they believe such companies go against civil liberties and equal treatment for all people.
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