Is cash bail unconstitutional? Activists sue over system 'favoring the wealthy'

[ret5hd]

5. Think of it kinda like car insurance...

You don't get your premium back if you don't have a wreck. But if you are rich enough you can self-insure.

Also, I believe I see a possible misconception. Bail and bond are two separate things. The bail is the amount set by the court. The bond is a fee charged by a third party to guarantee possible future payment of the bail...an insurance policy of sorts.

The rich person doesn't write a check for the bond...he writes a check for the bail directly to the courts, to potentially be cashed by the courts in the event of not showing up. In essence, the rich person is acting as their own bondsman, no third party involved.

Believe me, I am not sticking up for this system, merely explaining it as best I can. The only rational "fix" I can think of off the top of my head is if the court had to reimburse the defendant for the bond if the charges were simply dropped...the downside being that there might be more "bad" cases going thru the motions (trial, etc) just to keep from having to reimburse the wrongly accused person.