David A. Carrillo,left, and Nicholas Cotter,right, of California Constitution Center, Berkeley Law School. Courtesy Photos. The California Supreme Court Can Fix Our Broken Bail System
No one should argue for eliminating surety bail entirely; that would undercut an accused's due process protections. Bail is a long-standing absolute right. The question is whether and how cash bail will survive, says David A. Carrillo and Nicholas Cotter of the California Constitution Center, Berkeley Law School.
January 06, 2021 at 06:09 PM
6 minute read
Since the voters repealed Senate Bill 10 (which would have replaced the state's cash bail system with risk assessment) in the November 2020 election, California lacks clear guidelines on bail. That's a serious problem for judges, who risk applying the law inconsistently in thousands of bail hearings each year. This week the California Supreme Court heard argument in In re Humphrey S247278, which provides an opportunity to fix this problem by reconciling the California constitution's two bail provisions, and maybe even abolish cash bail.
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