[PapayaTapper]

So this is really scary.


https://www.mercurynews.com/2018/08/28/g...alifornia/

Relevant excerpts

Quote:

SACRAMENTO — Gov. Jerry Brown on Tuesday signed sweeping legislation to eliminate cash bail in California. The change, which will take effect in October 2019, goes further than any other state in the country to remove money from pretrial detention.

“Today, California reforms its bail system so that rich and poor alike are treated fairly,” Brown said in a statement.

Under Senate Bill 10, California will replace bail with “risk assessments” of individuals and nonmonetary conditions of release. Counties will establish local agencies to evaluate any individual arrested on felony charges for their likelihood of returning for court hearings and their chances of re-arrest.

Bill supporters including co-authors Assemblyman Rob Bonta, D-Alameda, and state Sen. Robert Hertzberg, D-Van Nuys, state Supreme Court Chief Justice Tani Cantil-Sakauye, all called the signing a transformative moment toward a more fair criminal-justice system in California.

“Abolishing money bail and replacing it with a risk-based system will enhance justice and safety,” Bonta said in a statement. “For too long, our system has allowed the wealthy to purchase their freedom regardless of their risk, while the poor who pose no danger languish in jail. No more. Freedom and liberty should never be pay to play.”

So this sounds reasonable

Quote:

Advocates of abolishing bail contend that too many defendants remain stuck in custody because they cannot afford to bail out, effectively creating unequal justice based on wealth. California is at the forefront of a national campaign to end money bail that has also recently seen states like New Jersey and New Mexico adopt polices to circumvent the for-profit bail industry, though none had yet eliminated bail completely.

Except now... and this to me is the really scary part

Quote:

The American Civil Liberties Union of California, an original co-sponsor of the measure along with De-Bug, and other organizations withdrew their support pointing to provisions giving judges greater discretion during the arraignment hearing to decide whether to release an individual and on what conditions. SB 10 also introduces a process for the prosecution to file for “preventive detention,” blocking the defendant’s release pending a trial, if they believe there are no conditions that would ensure public safety or their appearance in court.

Jayadev called it a troubling catch-all clause that effectively negates all of the benchmarks meant to make the system fair.

“That allows anyone to be detained pretrial. It’s such a malleable descriptor,” he said. “What is so ironic about it is that these are all, by law, legally innocent people. Legally innocent people who can and will be incarcerated with no avenue to freedom.”

So in other words the prosecution, the same conviction thirsty corrupt fucks that charge people in the first place can file for "preventive detention" and potentially keep anyone in jail without any means to get out until trial...which can potentially be months or even years.

[MrLemon]

Another reason I'm desperate to leave California.

No matter how well-meaning, everything is perverted by the American Gestapo to increase their stranglehold on the nation.

[BortimusPrime]

The funny part is that shitlibs probably think this is going to help poor oppressed people when it'll just be everyone getting stuck in a gulag waiting for their trail ten years out. Who wants to be the judge up for re-election who lets a guy go free until his trial, and then that guy goes and eats a baby in the meantime?

[Leonard D Neubache]

ACLU co-authors bill.
Communists pervert it beyond recognition.
ACLU withdraws support.
"Dissident imprisonment bill co-authored by ACLU."

There is no universal fairness police.

Aggregate will to power is the only true currency.

If theirs beats yours then they choose your fate.

If yours beats theirs then you get to choose their fate.

Think you're far enough away?

How far does extradition reach?

How long do you rot in jail before they "realise" you're there on a "clerical error"?

Think they wouldn't? You're not paying attention to history or current trends.

[DarkTriad]

California continues to take left turns on the crazy train. This will be a horrible cluster fuck ruining countless lives and costing shitloads of money. Will also make the state more and more unlivable for working people.

[Mr. D]

California Über Alles.

[66Scorpio]

Thus rendering bail bondsmen defunct and precluding any number of reality or action-comedy TV series from premiering next season.

[MidJack]

So if a woman accuses you of domestic violence, you are deemed "high risk" by an unaccountable bureaucrat, and then you sit in jail until trial. Good news is you have until 2020 to get out of California.

[captain_shane]

This will probably work the opposite of what people here are thinking. It won't keep people locked up, it will be everyone getting out. Here in New Mexico it's basically a free for all with criminals right now. No one gets kept in jail, they all get released on pre-trial counselling. Home break ins, car theft, assault, etc, everyone is getting out.

[Repo]

Ok somebody correct me if I'm wrong. But isnt this really not much different from how the system worked in the first place? Thought anyone could have bail denied, and if you were considered high risk they would just set a ridiculously expensive bail that they knew you couldn't afford. So before the bill and after it's still up to the court if you have to go to jail, the means in which it happens is just different now.

[PapayaTapper]

(08-29-2018 08:12 AM)Repo Wrote:  

Ok somebody correct me if I'm wrong. But isnt this really not much different from how the system worked in the first place? Thought anyone could have bail denied, and if you were considered high risk they would just set a ridiculously expensive bail that they knew you couldn't afford. So before the bill and after it's still up to the court if you have to go to jail, the means in which it happens is just different now.

I think the difference will be in the "all or nothing" nature of the process. It just seems too arbitrary in nature. Anyone set free on their own recognizance has no monetary incentive to show up for court (I realize that now that person becomes a fugitive and thats another issue altogether) But I predict an increase in "failure to appears" which will lead to increase pressure to detain.

The whole "innocent until proven guilty" theory is already a sham and this will make it worse. If youre already being deprived of your liberty without having been convicted of anything then being just charged is essentially a sentence. Whats the difference between convicted an yet to be convicted? Both are sitting literally next to each other

By the way, many DA offices already boast about their "95 % conviction rates". DA's are elected. Everone wants a DA that's tough on crime...right?

What they dont advertise is that the overwhelming vast majority of "convictions" are plea deals. (Nationally I thinks its less than 1% of felony cases go to trial) The system is designed to grind people caught in between a rock and a hard place. If youre an average Joe that gets charged with something and are looking a few years in prison if you go to trial and lose vs probation and fines if you take a deal...most people will "take the deal"...even if completely innocent because the stakes are too high.

This development is actually just another mechanism that cranks leverage into the prosecutions side of the system. If you cant get out, you cant work, pay your rent / mortgage, you lose your job , you have no hope of hiring and paying to defend yourself...you have to take their deal

[Simeon_Strangelight]

The judge will decide, so I guess potential Muslim terrorists will be released without bail while evil anti-communist thought criminals can stay behind bars.

Sounds as if more draconian power is amassed on the side of the 1984-styled government.

[Number one bummer]

Its just the globalist fiends at the ACLU destroying our justice system. Judges don't remand people often, especially in places with very high crime, like Kalifornia.

If anything this is going to put more violent offenders on the street. Let me explain.

The people this idea was created for are usually addicts, that carry out most property crimes, and are repeat criminals. The only reason they usually have cash bails is because they have failed to appear for past cases which are usually 'own recognizance' bonds, where you sign a paper promising to appear(cause criminals are reliable). So they either get out and have a bail bondsman on them or their own money to lose.

Now you have the more violent criminals and felons that can't get OR bonds, and only get out in most cases if a bail bondsman decides they are worth the risk. Judges are not suddenly going to start remanding everyone, especially in California. This is going to let the more violent offenders get out. I'm guessing there will be a policy regarding how many times someone needs to get hauled in on a bench warrant before they get remanded on a single charge.

Long story short the most violent and repeat criminals get more time out to do more dumb shit while police keep playing catch and release on them. Always trust the ACLU to look out for the leftist criminal voter base.

[MrLemon]

(08-29-2018 07:26 AM)captain_shane Wrote:  

This will probably work the opposite of what people here are thinking. It won't keep people locked up, it will be everyone getting out. Here in New Mexico it's basically a free for all with criminals right now. No one gets kept in jail, they all get released on pre-trial counselling. Home break ins, car theft, assault, etc, everyone is getting out.

That's interesting. Don't know what will happen in Calif, but it's a left-wing project, therefore it will fail.

It's funny, for a while California was pretty functional. It's so huge, a nation unto itself, but managed to succeed based on sheer resources and good weather. It prided itself on being the "experimental" state that would pioneer new political ideas and then convince the rest of the slower-moving states to follow. It was left wing but practical.

Not any more. That last few remnants of the "WW 2 democrats" are dying and all that's left are selfish old hippies and the mentally unstable trannies, gays, cat ladies, and Antifa.

No matter what they do, no matter how well-intentioned, they will find a way to fuck it up. It's clown world. Everybody in California is affected by it. It's like mind control rays that make our brains all simultaneously malfunction. People in Nevada are putting up tin foil barriers to protect themselves from overflow.

[MidJack]

(08-29-2018 01:56 PM)Number one bummer Wrote:  

Its just the globalist fiends at the ACLU destroying our justice system. Judges don't remand people often, especially in places with very high crime, like Kalifornia.

The ACLU is disavowing. They created a monster they couldn't control.

From the article:

Quote:

Under Senate Bill 10, California will replace bail with “risk assessments” of individuals and nonmonetary conditions of release. Counties will establish local agencies to evaluate any individual arrested on felony charges for their likelihood of returning for court hearings and their chances of re-arrest.

You will be at the mercy of some social justice-obsessed freak at the "local agency". Judges can/will override these "agencies"? Bet your life and liberty on that?

At least now you can use your soul as collateral to a bondsman and his bounty hunter. In 2020, good luck being a straight white male in LA who got arrested for domestic violence.

What if you are falsely accused today? You spend a night in jail, put up collateral, and get released. Then you shop attorneys and prepare for trial while otherwise able to protect your interests.

In 2020, you're locked up, and she's outside alienating all of your friends and family. Your residence is unprotected, and her white knights are looting it, because you "deserve it".

If she's executing a tactical divorce, you get served the divorce papers while you're still in prison. You fail to oppose all motions against you because you did not appear because you were in prison and couldn't get a meeting with an attorney for a civil matter.

Think these "local agencies" will be staffed with reasonable, moderate, well-balanced individuals? I am laughing. I know California, and so many men [will] lose their lives because of this law.

[puckerman]

I seriously wonder if this will survive a court challenge. There has been a war on bail for a long time though.

[2 Cool 4 U]

Not to mention that California also lets felons with a non-violent offense off the hook. It seems like the state is trying to pander illegals and criminals for votes.

[2 Cool 4 U]

(08-29-2018 03:21 PM)MrLemon Wrote:  

People in Nevada are putting up tin foil barriers to protect themselves from overflow.

Too late though, Las Vegas has been affected and starting to spread into the Reno/Sparks area.