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Monday, March 3, 2014

Reflections on the Ethics of the Bail Bond System

(via http://prisonphotography.org/tag/npr/)



presumption of innocence

n. a fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt. This is opposite from the criminal law in many countries, where the accused is considered guilty until he/ she proves his/her innocence or the government completely fails to prove its case.


The presumption of innocence is a central belief of our justice system: a person is not considered guilty until the court finds them to be so. However, the idea that a person who has been arrested may have their freedom stripped as they await trial is contrary to this core tenet. How is it that out of all people who are presumed innocent, some may be held on bail while others may not? And for those held on bail, how is it that a person, presumed innocent, should have to buy their freedom? There is a belief that we must protect our communities from dangerous people, but if a person has only been arrested for a crime, an arrest in and of itself should not provide evidence that a person is a danger. This situation is inherently unjust because it relies on the assumption that the arrested person is guilty. 

For more information about the US Bail Bonds system, check out this NPR special series, "Behind The Bail Bond System"

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