Brief: Calhoun’s new bail practices don’t go far enough
The filing is in support of a lawsuit filed by a man held in Calhoun’s jail for six days after being charged with pedestrian under the influence of alcohol, which is not a jailable offense.
The filing is in support of a lawsuit filed by a man held in jail for six days on a charge that is not a jailable offense.
An amicus brief filed with the 11th Circuit Court of Appeals stated the City of Calhoun’s former practice of detaining misdemeanor defendants before trial based solely on their inability to pay money bail “offends the Constitution” and that practices adopted since a lawsuit was filed don’t go far enough.
The brief states the City of Calhoun’s practice of detaining misdemeanor defendants before trial based solely on their inability to pay money bail “offends the Constitution, undermines confidence in the criminal justice system, impedes prosecutors, and fails to promote safer communities.”
The brief further argues that Calhoun’s standing bail order does not go far enough to dispel the harm that the unfair treatment of indigent misdemeanor defendants causes. Additionally, this type of process diminishes the public’s trust in the justice system and law enforcement.
The brief points out that this is especially so because some of the offenses to which the order applies are not even offenses for which jail time is possible.
More than 25 current and former prosecutors and law enforcement officials have expressed deep concerns about the ongoing use of this practice, a press release states.
Among the parties included in the brief include the former U.S. Attorney for the Northern District of Georgia and later acting Attorney General and Deputy Attorney General Sally Yates.
“A bail system that indiscriminately jails indigent individuals charged with misdemeanors based solely on their economic status while immediately releasing those who can afford to post a bond is inconsistent with our country’s promise of equal justice,” Yates said in a press release.
As an initial response to the original lawsuit, the City of Calhoun adopted a standing bail order requiring bail hearings within 48 hours and the release of those who can establish the inability to pay, the release stated.
The brief argues that detention for even a limited amount of time can “yield serious harms such as loss of a job or disrupted family connections.”
The plaintiff, Maurice Walker, spent six days in detention for being a pedestrian under the influence of alcohol, which is not a jailable offense.
Additionally, because the bail amounts are set at the exact figures of the fines applicable for the charged offenses, the practice contributes to a perception that bail is being used to extract a fine from the defendant prior to a finding of guilt.