I have to write a paper about a controversy. Mine is why does America think it is ok to use money to bail people out of jail. For example.....somebody commits a crime. They somtimes have two choices. The choices being you either spend a certain amount of time in jail or you pay a certain amount of money. I have to write about why America thinks that by making people pay money will teach them a lesson or get them to never do something again. I would love to hear everyone's opinion on this and any important information to help me write this essay.
2007-10-18 08:07:31 · 7 answers · asked by Lindsey H 1 in Politics & Government ➔ Law & Ethics
It's not about teaching them a lesson. Bail is available for people who have been arrested and whose case hasn't been decided in court. Some of these people are indeed innocent, and some are guilty.
The idea of bail is to allow people to go about their lives while awaiting trial. Having to put up something of value helps ensure that they actually show up for trial.
2007-10-18 08:13:56 · answer #1 · answered by Teekno 7 · 2⤊ 0⤋
You are actually talking about two different things:
1. Bail - Bail is a money that is held as a promise to appear in court. Bail is used while the person is waiting trial and during the trial if they remain out of jail. If they are found not guilty, the bail bond is returned.
2. Fine instead of jail time - This is when a person can either spend X days in jail or pay a fine. I do not believe this teaches the people that pay the fine a lesson as the fine amount is not normally based on income. So a poor person ends up in jail while a very rich person pays the fine and barely misses the money. The rich person learns nothing.
2007-10-18 08:24:34 · answer #2 · answered by davidmi711 7 · 0⤊ 0⤋
What lesson has been learned here? NONE! A person is going to do as they please regardless of the consequences. The only thing it teaches them is to hate the system. I cannot argue the side you want opinion from, but I can tell you it does nothing. The system is set up to cause failure so that they can get more money. There is absolutely nothing proper about the way the legal system operates. To take a person and jail them before guilt is proven is just a start to the problem. Do you think a jury is going to see innocence in a person who is wearing a jail uniform? NEVER!! They ruin lives altogether. Even if you were innocent the charges have brought a person into the light as something and that is exactly what people will see after the fact. It is a joke to think that people fear justice. People who know the system know there is no such thing!!!
2007-10-18 08:26:02 · answer #3 · answered by pappyld04 4 · 0⤊ 0⤋
Not everything is that black and white.
For example -- if a person is arrested and charged with a crime, they should be allowed to bail out of jail depending on whether or not they are a flight risk and the nature of the crime. Those who are charged are considered innocent until proven guilty, and shouldn't be locked up indefinitely pending a court date.
Another example -- In certain situations, monetary restitution is favorable over making the defendant serve time. A good example of this is worthless checks and property damage. Making restitution to the business who accepted the check or replacing the ruined property 'atones' for the crime much more than locking the defendant up, as the business or person is still out of money and the state is required to pay for the cost of feeding and housing one more inmate.
Lastly -- bonding out of jail is not meant to teach you a lesson. If you make bail, and you appear for court, you WILL receive the bail money back. Its making a promise, by investing money, that you will appear for court and take care of your legal issues.
Hope this helps! Good luck on your paper!
2007-10-18 08:15:48 · answer #4 · answered by ??????? 3 · 0⤊ 0⤋
Maybe they're getting him for lying to a judge or something like that but as far as I know they can't arrest you for debts. No debtors prisons in the United States unless the court twists it about like it sounds happened in this case. Sounds like he should at least try to get a Legal Aid attorney if he can't get a PD. I owed the hospital $72,000 for a stroke and they wrote it off before they even presented the bill ... most hospitals have donors who will back these debts but the person has to apply for them and NOT promise to pay them and show they have no means to pay. If you're up front with them they will find a program that will take care of it for you. The hospital's main intention is to get paid but they usually need the patient's co-operation and perhaps the signing of a few documents to cover the hospital. The judge probably knew this and was upset that the proper channels had not been followed so he came down hard perhaps not knowing that your relative did not know that alternatives were available. Oftentimes the hospital will not volunteer the info unless asked since that could cause a run on the donors generosity and the hospital may fear the loss of some donors if that occurs. I think the only step at this point is to bring in a public defender or contact Legal Aid in your area. They're not easy to find but if you contact your local county health clinic they should have a number for Legal Aid or be able to steer you to someone who does. The charities will all have the numbers too. Catholic Charities can often recommend a Legal Aid attorney. I AM Dartagnon
2016-05-23 10:40:07 · answer #5 · answered by ? 3 · 0⤊ 0⤋
The right to reasonable bail is a Constitutional right. A bail bond company promises that the person charged will appear in court on their court date. Punishment before a conviction is neither moral or rightl. On the other hand, the lack of access to bail for poor people has never been addressed in this country...
2007-10-18 08:22:14 · answer #6 · answered by sheik_sebir 4 · 0⤊ 0⤋
The idea of posting bail has to due with being innocent until proven guilty. But money is always a great deterrent!
2007-10-18 08:15:44 · answer #7 · answered by Lisa M 5 · 0⤊ 0⤋