JUSTICE DEPT: JAILING PEOPLE WHO CAN’T AFFORD BAIL IS UNCONSTITUTIONAL

By Miriam Raftery

August 21, 2016 (Washington D.C.) – Jailing poor defendants because they can’t afford bail is unconstitutional and violates the 14^th Amendment right to equal protection, the U.S.  Justice Department argued in an amicus brief filed in federal court on Thursday.

According to a Huffington Post investigation, many of the over  800 jail deaths  documented between July 2015 and July 2016 involved individuals who were incarcerated after being arrested for minor offenses and who were unable to afford their bail. 

The case that the Justice Dept. weighed in on involves defendant Maurice Walker, who was arrested in Calhoun, Georgia for being intoxicated while walking.  Walker is indigent and also has mental health issues.  The court was closed over a holiday weekend and Walker could not afford $160 in bail, so remained in jail for six nights until civil rights groups filed a class action lawsuit and he was then released.

Back in January, a federal judge ruled in Walker’s favor, finding that any “bail or bond scheme that mandates payment of pre-fixed amounts for different offenses to obtain pretrial release, without any consideration of indigence or other factors, violates the Equal Protection Clause.”

The city of Calhoun has appealed that ruling, which is also opposed by the American Bail Coalition.

The National Association of Criminal Justice Lawyers supports the Justice Department’s action.

The case could establish an important precedent to protect the rights of poor people and assure that wealthy individuals arrested for the same crimes are not treated preferentially based on their ability to pay to get out of jail.