Bail Is Our Right Not A Gov. Regulated Privilege #2
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 If the Government owns a right, it is then a privilege that can be manipulated, changed and rescinded as they see fit.Understanding the difference between "individual rights" and "government provided privilege" is as important as understanding the difference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 and other states governing bodies 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.
If our Right to bail is replaced by bail reform, the government is taking control of our right and money by taxing us to fund criminal release. It shifts the cost from the attacker to the victim who is now punished by being forced to pay for being attacked through their own taxes. Citizens and victims of crimes will now have to pay excessively for this perceived privilege that is currently free. Bail Reform taxes ensure suspects don't spend a moment in jail or 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 (D)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 putting victims police officers and the general public in harm's way. The complete opposite of "our right."
According to Jerry Brown, (D) Kamala Harris (D)Rob Bonta and (D) Sen. Hertzberg people who are arrested are the victims. Under this program, a recent rape victim was filing a police report against her assailant. The police report took longer than the release of the attacker, and when she returned home, he was there waiting for her.
Bail Reform was passed and signed into law behind closed doors by Brown, Kamala Harris, Bonta, and Hertzberg without knowledge to constituents. A few days after being signed a petition was started to recall SB10 Bail Reform. It took over 500,000 signatures to be collected to have it overturned and be put to a vote in 2020.
This vote is to prevent California Government from taking control of our 8th amendment. Only the Government and courts currently control bail amount, fines, and punishment. Bail Bondsman are facilitators that prevent an accused person from being held at no cost to the taxpayers. The Gov. has it's spin masters claiming "only poor people are in jail that can't afford bail" and "innocent until proven Guilty" They completely ignore real reports.
A Berkely study was done over a 24 year period which shows the wrongful conviction rate in CA. .0000415%. or less than 7 people out of 1.2 million arrests. There are not a bunch of innocent poor people in jail.
False Statements the spin masters want you to believe.
1. False: Only Poor People Are In Jail Because they Can't afford BailFALSE: Why - 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 which empowers criminals.
2. False: It Cost Too Much Money To Hold Criminals In Jail
Running a jail has a set budget that is paid by the state regardless of the number of people in prison. 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 in prison, the cost to the state and taxpayers remains the same. The cost to feed a prisoner is minimal.
- 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, however, True, if they are arrested for domestic abuse, child pornography, rape, child abuse, human trafficking, drug possession or drug dealing. It is true. They may lose custody of their children
- Arrested people can lose their job if they are held because they can't afford bail: Not because criminals can't afford bail, but for the crime they committed: True. Yes, Employers frown upon any of the previous crimes but being arrested for theft, burglary, forgery, fraud and other crimes, Yes, they may lose their job
Bail Reform 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 as of today is estimated to be 3.5 Billion. Form free to 3.5 Billion
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. The 8th amendment of the US Constitution
Bail is our unalienable right. The 8th amendment of the US Constitution