In criminal cases, I believe we should only allow the defendent themself or their spouse to post bond. Tell me why you disagree....?
The whole point of bond as I understand it is to serve as a form of collateral.
If the defendent doesn't show up for their court dates, they forfeit that money. If they do come to court, they get it back.
Therefore, they are less likely to flee because they have a financial incentive to show up.
But that only works if the defendent has a horse in the race.
Let's say I am arested and charged with a crime, and am given a bond amount:
If I post my own bond, then I lose all that money if I dont show up.
If my wife posts my bond, then those are joint assetts and I would be in the same boat.
But if my Uncle Ralph comes down to the jail to bail me out, then it's not me that loses any money if I don't show up in court. Uncle Ralph does.
And with that, my financial incentive to show up just went out the window.
So why should Uncle Ralph be allowed to bail me out?
- FoofaLv 712 months ago
The idea is that you care enough about Uncle Ralph to protect his assets by showing up in court. Clearly the bail bond system is deeply flawed. But this is still better than what we do in L.A. where only rich people pay bail and poor people just walk out on ROR, often never to return.
- 12 months ago
You just going to keep posting this same comment? If you have a question and you want answers, ask it.
- Brother XLv 512 months ago
And if I'm Uncle Ralph I'm dishing out a punishment more severe than you would have got if you just went to court and were sentenced like a man.