Conditioning Bail on Ability to Pay Is Unconstitutional

In the landmark California Supreme Court case of In re Kenneth Humphrey, the California Supreme Court held that conditioning bail solely upon a defendant’s ability to pay a bail amount was unconstitutional. Instead, a court setting bail must consider alternative methods of ensuring public safety such as electronic monitoring, classes, drug and alcohol counseling, etc. Only in unusual cases, shown by clear and convincing evidence of public safety danger, may pretrial confinement be proper. To read more about this new legal standard for setting bail, please click on the following link –

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