California just eliminated bail. This is a measure designed to make things “fair” for those accused of crimes who do not have enough money to get bailed out. It’s being painted as part of the income equality movement (aka socialism) but it’s really an attempt to empower certain types of criminals, including illegal immigrants.
As Daniel Horowitz at Conservative Review points out, California is becoming the perfect storm as a sanctuary state with far-left legal tendencies and now the elimination of means to detain alleged criminals.
Aside from the fact that abolishing bail violates our foundational principles of criminal justice and will generally harm public safety, it is particularly dangerous in California, more than in any other state. California is, by far, the state with the most illegal aliens – a whopping 2.6 million, according to the Federation for American Immigration Reform. The state has a major problem with criminal aliens. Illegal aliens are the consummate flight risk, yet under this bill, many criminal aliens will be released immediately without bond. This is particularly problematic given that California is a sanctuary and the entire system – from the politicians and judges to the local law enforcement – are making a concerted effort to shield illegal aliens from ICE. Illegal aliens are essentially a protected class in California.
The law sets parameters which judges will use to determine whether or not someone must be detained until their trial. In theory, only the allegedly violent or those who are deemed flight risks will be detained while all others will be released. It’s pretty easy to make this sound reasonable to a liberal because it is being sold as a way for poor people to continue with their lives while still considered innocent until proven guilty.
There are three major problems to consider.
First, the track record of the vast majority of judges in the state is crystal clear: they won’t be holding anyone. Very few of them would risk detaining someone and getting backlash from the press, the community, and their colleagues unless someone was indisputably dangerous. This is doubly true for illegal immigrants who just need caring and understanding from society in order to become fruitful Americans… or so the narrative goes.
The second big problem is that the bail bond industry is itself an extremely important partner in the criminal justice system. They are taken for granted but they’re uniquely qualified and incentivized to get the accused to show up for their trials. A good bail bondsman is able to find those in flight better than even the police. They have fewer restrictions, open jurisdiction, and the singular purpose of getting people to the courtroom whether they want to go or not.
The last and most obvious problem with this law is that it takes away one of the few remaining advantages that ICE has in California. The sanctuary state makes it very difficult to capture and deport illegal aliens, but until now ICE was able to capture many of them going to court. With this law, the number of illegal immigrants willfully going to court to face trial will drop to virtually zero. They have no reason to risk capture, jail time, or deportation. With no property at risk or money to pay back, they’ll just continue staying here illegally. Why go to court at all?
As a California resident, I can say it’s becoming more and more difficult to protect my family. As a legal immigrant, I can say it’s a debacle that this state holds my status with such little regard when compared to those who circumvented the system and came here illegally. The absurd has become the norm in California when laws like this can be enacted so easily.
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