10% Deposit Bail Myth 3

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

the jail.

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.