Question

Posting bail money allows an individual to be released before trial if they promise to return or forfeit the amount of money of the bail bond. Posting bail allows individuals to prepare a defense and to continue earning income if they are employed. Excessive bail is prohibited by the Constitution, though people who cannot afford bail must stay in jail. Additionally, bail bondsmen are in the business of lending money to those who cannot afford to post bail for profit. If a person fails to show up at a hearing and the bail bondsman must pay the amount of the bond. Some jurisdictions allow bounty hunters, who do not operate under Fourth Amendment and other legal constraints, to pursue and detain individuals who have fled in violation of their bond. Does the system discriminate against the poor? How could it be changed to be a better system?

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