Governor Jerry Brown made another controversial decision and not everyone is happy with it. Banning plastic straws (replaced by plastic lids) and allowing people to purposely transmit HIV to each other without it being a felony are some of his previous decisions that many people didn’t like. Now he’s changing the bail system to eliminate bail for suspects who are waiting to go to trial. He will replace it with a very sketchy risk-assessment system. This is the type of system that will give judges more freedom to determine who gets out before trial and who does not. This could keep people locked up who are not a risk and favor those who have friends in the system but are still a risk.
The cash system didn’t work either because that meant someone who might still be a risk to the public, but who has a lot of money, could still be released. The problem with the new system is that it might release people prematurely simply because they know someone who can pull some strings.
Determining who remains locked up before a trial can best be decided based on the crime they’re accused of. If someone is accused of murder, then obviously they should remain in the slammer until trial. If someone is accused of not paying their taxes, perhaps a person like Al Sharpton, then maybe you want them to be locked up – but they’re technically not a physical threat to anyone in public.
Bail is a very tricky topic and Jerry’s idea might work in theory, but his theories are often flawed when it comes to practice and his idea could be a complete disaster. Neither this nor the cash system work correctly in the best interests of the public or the innocent who are falsely accused.
There are too many mistakes that could be made if someone has poor judgment in Jerry’s new system and releases someone because they “thought” they weren’t a risk, but then that person harms someone.
Perhaps the better system would be based on the crimes they are accused of, but that too has faults. What if someone is accused of a crime but is 100% innocent? Should they remain locked up? That answer is no.
This leaves the system in a state of “what do we do now” and it will take a lot more in-depth conversation and testing to determine what the best method for dealing with bail is. As of now, there is no truly good system. Or is there?
“Before he worked for a nonprofit that helps criminal defendants and their families, Keith Boone had to navigate California’s money-based bail system himself.
“In 2016, the court assigned Boone a $200,000 bail for several felony charges. Boone couldn’t pay a bail bondsman the standard 10 percent deposit by himself, so he relied on family and friends in order to post bail and stay out of jail before his trial date. His charges were ultimately dropped to a single misdemeanor, after exonerating evidence proved a portion of the case wrong.
“Boone, who now works with Starting Over Inc. helping low-income defendants, and other criminal justice reform advocates believe putting people in jail before their trials if they can’t afford bail discriminates against low-income Californians.
“Under the now-reformed system, after someone is charged with a crime, they can post bail and be released until their trial date. The bail, either in the form of a bond from a bail bond company or cash, acts as collateral to ensure defendants appear in court. Bail amounts depend on the severity of the crime and critics claim the system discriminates against low-income people, who often can’t afford to post their bail and either end up staying in jail or have to pay burdensome fees to bail bondsmen to be released.
“Reform groups have spent the past two years advocating in the California legislature for bail reform. Senate Bill 10, the bail reform bill that passed in the State Senate and Assembly last week and was signed into law by Gov. Jerry Brown’s today, eliminates the bail industry at the state court level entirely. In its place, the new law will give county judges additional discretion to decide who can get out before their trial, a proposal that fractured the coalition of California progressives usually united in favor of criminal justice reform.
“The bill’s final version resulted from a compromise its proponents made with legislators worried that ending money-based bail would release dangerous criminals onto the streets and lead to fewer people showing up for their trials. Once enacted, SB 10 will replace the bail system by giving judges additional discretion to determine which defendants pose a flight risk or threaten public safety and should be held before they’re found innocent or guilty at trial.
“Boone said he opposed the revised bill because it replaces one flawed system with another. The American Civil Liberties Union and Human Rights Watch, who previously supported the effort, came out in opposition to the amended bill before State Senators and Assembly members voted on it earlier last week.
“Two years ago, after Boone got into a physical altercation with a driver who he believed was following him, the courts charged him with assault and gross bodily injury and assigned him $200,000 bail. He couldn’t even afford to pay a bail bondsman 10 percent of the amount and dipped into his savings and relied on family and friends for help.
“After being released, Boone returned home and spent time organizing his defense. Out of custody, he was able to confer with his attorney about an audio recording he made of the incident on his phone, which they later introduced into evidence.
“At the trial, a jury lowered his charges to misdemeanor assault. And because of prison overcrowding, the judge fined him and let him out on work release.
“Boone believes he and his lawyer wouldn’t have been able to argue his charges down if he hadn’t posted bail and stayed in jail before his trial. Boone said he considers himself lucky: nearly 8 out of 10 people stay in detention because they cannot afford to post bail.
“To comply with the Eighth Amendment of the U.S. Constitution, which outlaws excessive bail, judges have the discretion to depart from the standard bail amounts in order to ensure bail isn’t excessively burdensome. But Boone said in practice, the amount defendants are required to post rarely matches their circumstances.
“Most of the people who are given these bails, their income is nowhere near matching,” he said. “You got families putting up their houses, people going bankrupt: It’s a racket.”
“Had Boone been unable to post bail, he doesn’t believe he would have been able to get his phone recording introduced into evidence.
“Unless you’re out and able to fight,” he explained, “you can’t get the necessary paperwork. You can’t talk to your legal defense. You can’t be home with your family and have their love and support.”
“In 2017, Riverside County Superior Courts assigned bail in more than 10,000 cases. The base amounts outlined in the county’s bail schedule range from $500 to $1 million. But in specific instances, such as for charges of drug possession and gang membership or prior convictions, bail amounts are increased.
“Money-based bail is particularly detrimental to low-income defendants in Riverside County, which has a reputation for aggressive sentencing, Boone said.
“Riverside County itself is one of the worst. My experience as far as getting a deal there was nothing fair. They stack charges as high as they can and put on as much as possible to only leave you with taking whatever they want to offer you,” he said.”
President Trump Announced How He Just Got Mexico To Pay For The Wall
When President Trump said he would have Mexico pay for the wall on our southern border, he meant it. He just announced how they are going to do it too… through the USMCA (the revision of NAFTA). Which I suspect was the plan all along.
Very early this morning at about 4:38 am, Trump tweeted: “I often stated, “One way or the other, Mexico is going to pay for the Wall.” This has never changed. Our new deal with Mexico (and Canada), the USMCA, is so much better than the old, very costly & anti-USA NAFTA deal, that just by the money we save, MEXICO IS PAYING FOR THE WALL!”
Do you think Facebook should be regulated so they're forced to treat everyone the same, regardless of their political beliefs, considering their size and influence in society?
— Amanda Shea (@TheAmandaShea) December 13, 2018
For those doubters on Twitter (and you will see some of them below), I highly doubt the plan was ever to have Mexico pay for the wall up front. We would fund the wall and recoup the funding from Mexico. I don’t see what is so hard to understand about that. But it seems to be a financial move many can’t seem to grasp and that is beyond their comprehension.
SIGN PETITION DEMANDING TRUMP BUILD THE WALL 75,000 HAVE SIGNED
I fully support that if Congress just won’t fund the wall, having the military build it through Pentagon funding and then reimbursing them for it. Why? Because it is a national security issue and always has been. That border is a clear and present danger.
Why shouldn’t Trump have Mexico pay through the USMCA? And why all the negativity from people who are obviously poorly informed and just politically biased? They let their hate for the president dictate all their thoughts and actions rather than looking at the mechanics of the move and the benefits from it. I just don’t get these people. They have not even given this a chance and already they are shooting it down. That’s a leftist for you.
Check out the moves on Twitter over this:
I often stated, “One way or the other, Mexico is going to pay for the Wall.” This has never changed. Our new deal with Mexico (and Canada), the USMCA, is so much better than the old, very costly & anti-USA NAFTA deal, that just by the money we save, MEXICO IS PAYING FOR THE WALL!
— Donald J. Trump (@realDonaldTrump) December 13, 2018
The government didn’t spend or receive money from NAFTA. So unless you’re going to raise taxes, there is no money coming into the government from the new deal.
— pastajoe (@pastajoe5) December 13, 2018
Good, now you can stop bothering Chuck and Nancy about getting our money for it.
— S.Danielle (@sdanielle) December 13, 2018
I am losing faith in you, sir. Why are you asking us taxpayers for 5 billion dollars if the new deal will pay for the wall? You promised that we wouldn’t have to pay for it! Please keep your promise, a free border wall, or I will not vote for you again. #NoWallNoVote pic.twitter.com/eDopbpl7T1
— Ridgely Gibbs (@Patriots4Truth_) December 13, 2018
Also the deal still has to be ratified and approved by Congress which probably won't happen until the end of 2019 Or possibly mid 2020. So you're making promises using money you don't have and may possibly not get. What a shocker Mr. Bankruptcy
— Alan Volante (@VolanteAlan) December 13, 2018
Well wait until that money is coming in and build it then
— Caren Sykes (@misscsykes12) December 13, 2018
I've decided I'm not buying a Maga hat from you, but instead spend the money on drugs. So, now you pay for my drugs.
— Vincent Carmiggelt (@graphincent) December 13, 2018
Great so you don't need a penny from Congress or US Taxpayers then. Let us know when Mexico sends you the check for the $5 billion you want for the first payment on the wall. Until then don't bother Americans for the $.
— (((DeanObeidallah))) (@DeanObeidallah) December 13, 2018
No, this means consumers will pay for the wall.
— Carolyn McClanahan (@CarolynMcC) December 13, 2018
If you buy something that normally costs $1000 on sale for $750, you didn't save $250. You spent $750.
— Cannie Ware (@CannieW) December 13, 2018
— ????????❌TrumpedUp❌???????? (@TrumpedUp20) December 13, 2018
Bait and switch
— Greg Stanton (@GregStanton) December 13, 2018
Jeez… I saw that one coming.
— Honest Abe (@honestpotus16) December 13, 2018
Most of these people don’t seem to get that a great deal of the funding for the wall was approved before Trump started all of this. I have never seen so many people so intent on leaving themselves open to attack. What a bunch of foolish, self-involved individuals. Just sad. Build the wall whatever it takes and do it fast before one of our many enemies gets a chance to severely cripple this nation once again.
Illegal Invader Collides With Major Karma After Leaving Church – Should’ve Listened!
An illegal alien was busted in North Carolina last week after leaving a church to meet for a scheduled appointment with immigration officials. Samuel Oliver-Bruno, 47, was evidently living for almost a year in the basement of a Methodist church while trying to get his deportation to Mexico delayed. ICE doesn’t make arrests in churches so they waited until he left this one.
Oliver-Bruno was asked to provide his fingerprints to move his petition forward. He was promptly arrested in the USCIS office when he arrived. To be fair, this guy is a convicted criminal and is not some innocent victim here. Clergy from the church formed a human wall around the vehicle taking him to detention, singing “Amazing Grace” and chanting “Let him stay!” Several were arrested. The Hill has more on this misguided intervention:
An undocumented man was arrested in North Carolina on Friday after leaving a church to meet for a scheduled appointment with immigration officials, The News & Observer reported.
Samuel Oliver-Bruno, 47, was living in the basement of Durham’s CityWell United Methodist Church for nearly a year while he petitioned for his deportation to Mexico to be delayed. U.S. Immigration and Customs Enforcement does not make arrests in churches.
U.S. Citizenship and Immigration Services asked Oliver-Bruno to appear in person to provide his fingerprints in order for his petition to be processed. He was then arrested inside the USCIS office, the paper reported.
“Mr. Oliver-Bruno is a convicted criminal who has received all appropriate legal process under federal law, has no outstanding appeals, and has no legal basis to remain in the U.S.,” U.S. Immigration and Customs Enforcement (ICE) spokesperson Bryan Cox told The News & Observer in a statement.
Faith leaders and church members who had accompanied Oliver-Bruno formed a human wall around the vehicle taking him to detention, singing “Amazing Grace” and chanting “Let him stay!” Several were arrested, according to CNN.
“It was presented as a legitimate appointment but ICE utilized due process as bait,” Cleve May, a pastor at the church, told CNN. “So we went to the appointment with him, to offer protection, knowing that ICE could not be trusted. We were thinking we would be in and out in 30 minutes.”
“Samuel’s sudden and inappropriate arrest in the middle of the Thanksgiving season reflects the callous and cruel approach we’ve come to expect from the Trump administration. As Members of Congress representing the Durham community, we will continue to do everything in our power to keep the Oliver-Bruno family together,” they said.
“In a call with us this afternoon, ICE has committed to allow Mr. Oliver-Bruno to remain in the U.S. in detention while his case is adjudicated. While this means he will not be immediately deported, we remain committed to fighting for his release.”
Oliver-Bruno was arrested in El Paso, Texas, in 2014 after using a Texas birth certificate to enter the U.S., according to CNN. He lived for 11 months in sanctuary at the Durham church, where he helped with renovations, including a bedroom and shower after CityWell agreed to take him in the facility.
Oliver-Bruno said he feared he will be deported, leaving behind his son and wife, who has lupus and depends on her husband financially, the News & Observer reported.
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