Certain crimes — such as murder, rape and molestation — are unforgivable. Victims of these crimes often face severe psychological damage. On occasion, though, the accused are released not because of their innocence, but rather their ability to pay bail.
Paying bail gives a person freedom until a specified court date, where they stand trial. This is a lot to trust to give someone accused of such heinous crimes. According to americanbar.org, “the accused poses a substantial likelihood of continuing the criminal conduct if not arrested.” Bail, in a way, serves as a criminal’s “get out of jail free” card.
Bail is a privilege many criminals don’t deserve, and its revocation is completely acceptable. According to the Bail Reform Act of 1984, bail can be denied to anyone who is a danger to the community in a process called preventative detention.
The Bureau of Justice Statistics shows a positive correlation between the probability of pretrial misconduct and time before trial. There was a 67 percent chance of pretrial misconduct for three months in release status.
The controversial part to preventative detention is assuming guilt, which directly violates the doctrine of “innocent until proven guilty.” However, presuming a suspect innocent until proven guilty endangers innocent lives when criminals commit crimes while out on bail.
The Eighth Amendment states there will be no excessive bail or cruel and unusual punishment. It doesn’t state that bail is a legal right endowed to every U.S. citizen. Bail is a privilege and should be revoked in extreme circumstances.
If a child molester were granted bail, then the alleged criminal could intimidate or kill every witness. Denying bail prohibits this from happening and makes the public more likely to report the crime. The possibility of accusing one who could still act in revenge is not appealing to many victims. The story of Jane Clough is every accuser’s worst fear.
Clough was a 26-year-old nurse in an abusive relationship. Her boyfriend, Jonathan Vass, would beat and rape her, all in front of their newborn baby. When she finally stood up for herself and went to the police, Vass swore revenge. Clough predicted her boyfriend’s rage and wrote her fears down in her diary. All of her fears came true when Vass paid bail and murdered Clough on July 25, 2010.
There are many more instances of crimes committed while on bail. Judges need easier standards for denying bail.
Bail is biased toward socioeconomic status, as richer defendants will have an easier time paying their bail than poorer defendants. If it were easier for judges to deny someone bail, the court system would bne more equitable.
Although it seems unconstitutional, on face value the ability to deny bail is essential to ensure the safety of the public.
Hoping criminals will act civil on bail is like hoping a war will be sunshine and rainbows.
Anyone heinous enough to commit such a crime obviously displays sociopathic tendencies and cannot be trusted to be set free.
Kain Hingle is a 19-year-old psychology sophomore from Mandeville, Louisiana. You can reach him on Twitter @kain_hingle.