Deposit Bail myth #3
Deposit bail is an effective way for the courts
to reduce jail overcrowding.
This is not true, because it cannot be effective if
it is against the law. We go again to the courts.
Remember the rule? The sole purpose of bail is to
ensure the appearance of the defendant.
It is entirely improper for the court, in setting bail,
to consider whether or not the jail is already full.
That, in fact, is none of the court’s business. That is
the business of the county executives whose job it is
to see that sufficient detention facilities exist. The
court’s job is to consider flight risks, and perhaps in
some cases danger to the community, but not to set
bail based upon how many prisoners are already in
So the idea that deposit bail can be used to control
jail population has to get in line right behind Santa
Claus as just another myth.