Bail Is Our Right, Not A Government Regulated Privilege
Understanding the difference between "individual rights" and "government provided privilege" is as important as understanding the difference between freedom and slavery.
The Government in California, other states governing bodies and the ACLU are working hard to "own" our 8th amendment right to bail.
The 8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Click OPPOSE BAIL REFORM to act now
Rights apply to all races, rich or poor. We own our rights. If the Government owns a right it is then a privilege that can be manipulated, changed and rescinded as they see fit. If our Right to bail is replaced by bail reform the government is taking control of our right. Law abiding citizens become slaves of the government. Citizens and victims of crimes will now have to pay for this perceived privilege in the form of excessive debt and taxes. Bail Reform taxes ensure suspects don't have to pay for bail as we have paid it for them in advance. It will fund private attorneys for suspects, pay for a new pre-trial system, cover all court costs, warrants and fugitive recovery cost. Jerry Brown and our Senators have determined it is unfair to burden a criminal with these expenses. It switches bail cost, liability and responsibility from the suspect and bondsman to everyday citizens, while also putting them in harms way. The complete opposite of "our right"
If Bail Reform Passes it requires the immediate release of criminals and gang members currently in jail. Moving forward it forces judges to quick release suspects within hours. "We the people" have already posted their bail.
What is important to know about your rights at this point is our Supreme Court has determined victims have"no right" to expect the police to protect you from crime! Incredible as it may seem, the courts have ruled that the police are not obligated to even respond to your calls for help, even in life threatening situations!
Bail Reform will not come to a public vote. If it did, it would have zero chance of passing. The Senate, Gov. Jerry Brown, Senators and the ACLU are pushing this this behind closed doors claiming the issue is that bail bondsman are making bail un-affordable.
This fight should be against the California Government for violating the 8th amendment, not Bail Bondsman. Only the Government and courts control bail amount, fines, and punishment. Bail Bondsman are facilitators that prevent an accused person from being held at a fraction of the actual bail amount. The Gov. has it's spin masters(ACLU) hard at work blaming excessive bail cost on Bondsman who have no control over set bail from a judge.
If the ACLU had a grain of integrity left from its founders they would be siding with the
What the spin masters want you to think.
1. Only Poor People Are In Jail, Because they Can't afford BailFALSE: Poor people don't commit crimes, criminals do. Poverty is not a crime, stealing, abusing and molesting are crimes and low income families are equally victimized.
TRUE: If bail reform passes most criminals will likely return to poor communities further damaging that community's infrastructure and culture. Their rights and expectations of protection will be nearly eliminated. They will become faceless victims of crimes that will go unreported. Why? In poor, or gang controlled neighborhoods, assailants typically know where their victims live. Under Bail Reform, their assailant will be out in a few hours. The repercussions of reporting a crime will likely be worse than the tragedy they just experienced. Assault, theft, breaking and entering, drug dealing, possession, and many forms of rape, child pornography and an excessive list of other crimes will go unreported by victims. Under Bail Reform the assailant has no equity in the game, no reason to appear in court, and no bail bondsman to enforce a no show or fugitive recovery. It's no cost crime. Poor communities won't stand much of a chance.
2. It Cost To Much Money To Hold Criminals In Jail
Not True: Running a jail has a set budget that is paid by the state regardless of the amount of people in jail. 90%+ of the cost of running a jail is State Employees, Pensions for those employees, electricity, vehicles, property taxes, property purchases or land leases, Insurance-Workers comp, health, liability etc. Uniforms, weapons, security systems, technology and public defenders. Regardless if there are 100 or 1,000 or more criminals being held, the cost to the state and tax payers remains the same. The cost to feed a prisoner is minimal.
3. ACLU Argument
- 64% of people being held in jail are there because they cannot afford bail or a bail bond: FALSE: This is 100% fabrication. There is not a single study or review that supports this statement. The truth is they are being held for priors, failure to appear, lying during an interview and many other reasons. Maybe some for bail but not close to 64%
- Parents may lose custody of their children because they can't afford bail: FALSE: Not because they can't afford bail. Yes, if they are arrested for domestic abuse, child pornography, rape, child abuse, human trafficking, drug possession or dealing. It is true. They may lose custody of their children
- They can lose their job if they are held because they can't afford bail: FALSE: Not because they can't afford bail. Employers frown upon any of the previous crimes but being arrested for theft, burglary, forgery, fraud and others crimes, Yes, they may lose their job
There are more bold stats and statements on the ACLU site we will address another time. This is about Rights. Which in the above stated would be
- Victim's Rights
- Children's rights
- Employer's rights.
Under our current system we do not have to pay for our 8th Amendment Right
That right is protected by our constitution and enforced by Bail Bond Companies.
With an average bail amount of $34,000, we can roughly estimate that bail companies currently forfeit around $172,278,810 per year to California counties. The actual figure likely exceeds $250,000,000 paid to our county justice systems – this is a staggering number. If Bail reform passes this burden will be transferred to the California taxpayer. Californians will have the privilege to fund immediate criminal release, and pay additional taxes to put a system in place that will exceed $250,000,000.
Writers at the NY Times, Sacramento Bee, Pasadena Star News and others that are in support of forfeiting our rights or just trying to sell papers argue that only 2 countries allow for the right to cash bail. The US and The Philippines. What they fail to point out is that countries that do not offer cash bail, imprison or punish, most times without an opportunity to speak with an attorney. They have excessive fines and harsh punishment. If you are arrested in the Middle East, Russia, China, Japan, Mexico, Brazil, South America in general, Africa, any 3rd world country, and most others countries you may find yourself in a bind, whether you believe in God or not, you will be praying for your right to bail!
Bail is our unalienable right. 8th amendment of the US Constitution
Bail is our unalienable right. 8th amendment of the US Constitution
THIS SITE IS DELIBERATELY LYING TO THE PUBLIC!! AND YOU TRYING TO USE FEAR AND SCARE TACTICS! I NOTICE YOU DIDN'T PUT HOW ONLY AMERICA AND THE PHILIPPINES USE THIS TACTIC OF BAIL SYSTEM. NOR DID YOU PUT DOWN HOW THE "BAIL" SYSTEM IS RUN BY INSURANCE BUSINESSES!! ~ IF YOUR GOING TO PUT THINGS OUT, PUT THE TRUTH OUT!! THIS IS PAID FOR BY BIG BUSINESS AND WE ALL KNOW AMERICA IS THE HIGHEST INCARCERATION NATION IN THE WORLD!! THERE IS A REASON THE U.N. DEMANDED REFORM, AMERICA VIOLATES THE 8TH AMENDMENT ON CITIZENS!! BIG MONEY!! BIG TALK!! BIG LIES!! ALL BULLSHIT!!! ~ THIS SYSTEM MAKES MONEY OFF ITS CITIZENS AND SEPARATES THE CLASSES!! SO THE ONLY SUPPORTERS ARE RICH, WHITE AND RACIST!ReplyDelete
Dear all caps, uninformed and of course Alias. We see from you your first point regarding the US and Philippines you did not read this post as we do talk about that. This leads us to believe you also have not done any actual research on this subject. Never the less, we will help you. Yes, the truth can be scary. Yes, law abiding citizens should fear the government creating additional taxes for us to pay for people who commit crime. Bail cost are set by the state Gov. and Judges enforce the set bail for each crime. (Read post). Oh no! Bail is run by insurance companies and they make money. So what! (Covered in post please read.) Why should tax payers take on cost and risk? Why should we pay money out of our pocket to prevent an insurance company from helping someone we have no desire of paying for? Yes, Insurance companies cover bail cost to get out of jail for 7-10% of the actual cost of staying in jail. (Once again, please read blog. )It's called cost of doing business. Insurance companies also cover car accidents, the injuries you cause to people, and replacement cost for vehicles. Driving is a Gov. Privilege so they made it a law you must have insurance. If you can't afford it don't drive. Insurance for your home, life, kids, health etc. all covered at a fraction of the actual cost, but these are privileges not a right. We don't have to pay for a right. Not monthly, not out of our taxes, not ever, unless we choose to exercise our rightDelete
America is the highest incarceration nation in the world. Not true. We are actually 23rd when comparing apples to apples, meaning other countries that may have stats and a similar but not necessarily equal systems in place. This does not take into account the Middle East, Third world countries, many European countries and hundreds of other countries. Also stats don't often consider quality of life or law enforcement available. Even then, Stats aren't real life. You need to think. India with 1.3 billion people (3.5x USA) state only 413,000 are incarcerated, yet on average 6 women are gang raped every day and assailants go unpunished. 90% more go unreported. Why? Fear. No justice for victims. This is what Bail reform offers our women and children. You are not giving a fair assessment to the US. Where would you feel safer? People get shot, raped and robbed in other countries and it goes unreported. This is not considered a stat. Keep in mind there are countries that simply kill for being Homosexual, require you to get an abortion if you already have a child, or arrest you for littering. Incarceration in the US may be high to you, but quality of life in the US is one of the best in the world, even for our incarcerated.
You mentioned the UN. Yes, the UN said we violated the 8th amendment. True: We had a failed execution on death row. It was cruel and unusual the prisoner lived. The argument was we should have a better system in place to be sure prisoners die. I'm guessing you did not understand what you were referencing.
• Big Money spent by ACLU, Lobbyist, and Senators. Do you know how much? I do.
• Big Talk- Well, All CAPS IS BIG TALK EVEN IF UNINFORMED.
• Big Lies-only poor people are in jail. Yes, a big lie. Poverty is not a crime, Rape, theft
assault are crimes and poor people are equally victimized
• All Bullshit. Yes that is pretty much what we endured with your response
Dear Author, idiotic and delusional to boot. This is not a matter of criminals, this is a matter of SUSPECTS. Individuals who are legally innocent, as they have only been accused of a crime and not convicted. Under our current system people who are legally innocent and some of whom are actually innocent, are held in jail and required to pay to get out. Many cannot pay and have to stay with a large portion of these individuals having charges eventually dropped or being exonerated eventually. How do you suppose we remedy this? No one cares about the bail bond industry, thats like making an argument for slavery. Go get a real job contributing to society not making money off the misfortune of innocent people. Under our current system, criminals/suspects STILL GET RELEASED EVERYDAY they just have to pay. So the only people this change will affect is poor people because the people who have the resources to bond out, have always been able to get released immediately and will continue to do so. So in essence you aren't worried about the "criminals" with money but you believe the poor ones pose a greater threat so they need to stay incarcerated from arrest to sentencing/dismissal Awesome logic.ReplyDelete
Dear Anonymous, Legally innocent. Funny phrase, you should coin it. I guess we are all legally innocent...until we get arrested. Then we are suspects with evidence pending against us. The innocent people are the victims, not the ones arrested. Stop pretending that someone caught committing a crime that is arrested is a victim because they can't afford bail. You stated "Criminals get released everyday they just have to pay." Good point! The current system requires them to be accountable, to show up, or have someone come find them if they don't. Bail reform does not. The people who will benefit the most from bail reform are drug dealers, human traffickers, rapist,child pornographers, domestic abuse etc. Very few poor, not yet convicted, legally innocent suspects. There is absolutely no reason to show up to court if you are guilty & going to be put in jail. Which is about 98% of the people you are pretending meet your criteria. Delusional is allowing someone to commit crimes with no recourse. You are delusional and have your priorities in the wrong place as well as your morals.Delete
what happened to the presumption of innocence? These people have only been accused of a crime yet you are calling them criminals. I could make an accusation against you, and you can be arrested for that but of course if you didnt do it you would expect to be presumed innocent and treated as such.ReplyDelete
The presumption of innocence is not part of the United States Constitution nor the Bill of Rights. It's more of a TV phrase. It is totally inapplicable in any kind of civil proceeding, even if millions of dollars or important legal rights are at stake. Even in criminal proceedings, the presumption of innocence is not a rule of law, but a rule of evidence .Delete
1. Only Poor People Are In Jail, Because they Can't afford BailReplyDelete
TRUE- 2 people are ACCUSED of the same crime and get arrested. 1 has the money to bond out and 1 does not. Only the person who does not have the money will have to sit in jail until a trial or some other action on their case.
2. It Cost To Much Money To Hold Criminals In Jail
TRUE- Contact the DOC if you need to confirm but the state compensates correctional facilities based on inmate bodies housed in the facility, they absolutely do not pay the same amount for an empty bed as for an occupied cell.
I understand you are passionate about this. Please go down to a jail, choose the most innocent accused person and bail them out with your money. Then post the receipt here. If you are not willing to do that your argument is mute and you do not understand Bail Reform. The DOC uses general figures that are budgeted yearly not by a bed getting empty one week. Current budget is $359,000,000 Ironically this is the same number Bail Reform will cost California citizens.Delete
I have never understood how we as a society justify arresting someone who we "think" may have done something, and making them PAY to be able to go home or holding them indefinitely if they cant pay. Maybe this doesnt matter to you because you may not be in a demographic that has a high rate of wrongful arrest in relation to other demographics. Some people actually experience this at an alarming rate.ReplyDelete
Let me help you justify. 2 Assailants are in your house with a gun, holding your property. One has already slugged your wife. The police show up. One gets away, Assailant drops gun and says it was yours and your wife fell and hurt her face. Get a way guy took off with $30,000.00 One gets arrested for breaking and entering but MAY or May not have had a gun as the officer did not see assailant holding it, who knows who hit your wife. Then, as you say, wrongfully arrested as they were just visiting for Christmas. Bail set at $10,000 which they can't afford. Bondsman is 700, with payments likely out for $250. Pay up.
Wrongful arrest is still a problem and I am strongly opposed to that. That is an internal Police dept. issue. Bail reform will not fix that
The person writing this obviously has something to gain as he or she assume everyone arrested is a criminal or a bad person.wich is untrue an also repeating the same thing over an over In the reply.but of course if he or she was unfairly or unjustly arrested the would not be a criminal you can bet on that I'd love for the author to have this experience and then write this B.S.as you have obviously never dealt with or seriously screwed up justice system anyone who has an been accused falsely and proven innocent can tell u this as there are many who you would just call criminals but please if you have not experienced it do not speak o. It I don't care what you read out of a book.ReplyDelete
Were you falsely accused, arrested and proven Innocent? If so you should change your name to Innocent Suspect, as it reads now, you accept you are a criminal.ReplyDelete
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