Quickie: Bail

Bail was only ever supposed to be about making sure the defendant showed up for trial. Traditionally, most defendants were released on their own recognizance, since few people would prefer to run and live the life of a fugitive.

Our founders were pretty clear in their writings about the right to freedom before conviction. But since the 1984 Bail Reform Act, cash bail has become the standard, and is now more about the severity of the crime, as well as "precrime" based on the myth that the person will likely commit more crimes before trial.

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