Thursday, June 23, 2016

Get Used to This Kind of Thing

The Arizona Court of Appeals issued an opinion the other day – found here – that basically holds up parts of Arizona’s bail law against the United States Supreme Court's opinion in U.S. v. Salerno, and concludes that the state provisions lack due process.

Get used to this. Virtually every state has a “no bail” provision that is likely deficient in some way when held up to Salerno, and it’s only a matter of time before other states and federal courts start saying so. Think, too, about all those states that have “no bail” provisions that are routinely ignored by judges who would rather use money. Ain’t no due process in that kind of pretrial detention, either.

It’s these kinds of things that, long ago, caused me to write that bail reform is inevitable. It's still true. All the markers are there, and you simply can’t avoid it.