Recently, a federal judge in Brooklyn questioned whether the Bail Reform Act permits “disparate treatment based on wealth,” and denied bail to a high-net worth defendant who proposed a package that included home detention secured by privately-funded guards. As the Bail Reform Act makes clear, the court’s analysis should be on safety and flight risk. The concept that the Bail Reform Act does not permit inequity in bail conditions is also unsupported by any appellate court decisions. In fact, bail conditions are inequitable by their very nature because they must be personalized for each defendant. 1967) (quoting the “findings of legislative intent” of the Bail Reform Act)).

Source: Forbes February 20, 2019 20:57 UTC