The Justice Department has declared that holding people in jail because they cannot afford to post bail is unconstitutional. The DOJ made its statement in a court filing Thursday.
The DOJ is weighing in on the case of Maurice Walker of Calhoun, Georgia. Walker was arrested for being drunk in public. He spent six nights in jail because he could not afford to pay the $160 bail set by the city for his offense.
Walker sued, and a federal court ruled in his favor in January. The judge ordered the city of Calhoun to stop mandating bail for people who are arrested for misdemeanors. The judge said the city must release these defendants on their own recognizance.
The city of Calhoun has appealed that decision. The appeal case has not yet been heard, but the Justice Department has made it clear that they side with Walker in this case.
In its statement, the DOJ said requiring defendants to post bail could encourage innocent people to plead guilty to crimes they did not commit. If a person cannot afford bail, they could be in jail for several weeks or longer before their court date. Pleading guilty allows people to get out of jail more quickly, to get back to work, or taking care of family.
The DOJ said,
“This impact may be exacerbated for indigent individuals who, as a consequence of their poverty, are already in vulnerable situations.”
The city of Calhoun is arguing that bail is not unconstitutional; only excessive bail is unconstitutional. The city also claims its fixed bail amounts increase the likelihood that defendants will show up for their court dates.
There are, however, other methods of ensuring people show up for court.
Comedian John Oliver did a story on bail last year. He highlighted the fact that pretrial services are just as effective at making defendants appear. Pretrial services are a series of meetings and phone calls which remind defendants of their court dates, and ensure they are following the conditions of their release.
Watch John Oliver’s entire report here:
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