Written by Miguel Palacios
Despite Californian’s voting overwhelmingly against the banning of cash bail for some criminal offenders, the California Supreme Court has ruled that it is unconstitutional to hold someone in jail simply because they cannot afford to pay bail. This landmark decision means that judges will have discretion over which offenders must remain in custody, and which get to be released during court hearings.
The ruling doesn’t mean that no offender will have to post bail or that every offender will be released automatically. What it does mean is that the court will have to determine certain factors before deciding whether an offender is eligible for release and whether bail is necessary or not. These factors include things like the danger the offender poses to the community or to themselves, the possibility of the offender absconding before trial, and the offender’s ability to afford bail.
This decision comes on the heels of the announcement of Governor Gavin Newsom’s nomination of Assemblymember Rob Bonta as State Attorney General. Incidentally, Bonta wrote the 2018 law that banned cash bail, which was overturned in the last election cycle by Proposition 25.
This California Supreme Court decision sends a message to Californians that regardless of how they vote, they will overrule them if they don’t agree with how they voted. A little over 56% of California’s voters voted NO on Proposition 25 and it is apparent that the liberal-minded justices of California’s Supreme Court have no respect for the voters’ desires. This is an affront to democracy and all California voters who had their vote disregarded.
Though it is unclear when this new ruling will begin to affect the justice system, it is clear that the safety and wellbeing of California’s residents is not a concern of the State’s Supreme Court. Liberals across the country have been pushing soft on crime policies, how many innocent American’s have to suffer the consequences before they will reverse course?
Courthouse News photo / Maria Dinzeo
