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As we have seen in the text and lecture, the 8th Amendment guarantees reasonable bail. However, in this journal, you’re asked to consider what that means. Remember that bail is for those who have been charged with a crime, but not convicted of it. If you are charged, the judge may remand you to jail unless you put up money or collateral to guarantee you will show up to trial. Some contend that this creates a system in which we have two tracks one for those who have the means and can afford bail and one for those who cannot and must sit in jail for months or even years awaiting trial. For this journal, you are asked to read this piece by a public defender (a defense attorney who works for clients who, usually, otherwise can’t afford one). In this piece, she outlines the reasons she thinks the money bail system is so broken that it should be ended.

Read the piece and consider how you feel about this topic. Should we end cash bail? As you read (and write), consider what the constitutional requirement for reasonable bail means and how it applies to the arguments made by the author.

The assigned piece: https://www.vox.com/2016/8/24/12590060/doj-bail-unconstitutional

Want a different look? You may choose to also watch this Last Week Tonight piece on the same topic (though it’s not required). Warning: this piece may contain foul language or blue jokes.    https://www.youtube.com/watch?v=IS5mwymTIJU

 

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