Cash bail system under attack as unconstitutional

San Francisco is being sued for what a federal class-action lawsuit argues is an unjust bail system that penalizes the poor with unpayable amounts for small offenses, yet allows wealthy defendants charged with serious crimes back on the streets because they can afford to pay.

The City’s bail system is unconstitutional because it violates the principle of equal protection under the law, the lawsuit alleges. Six similar lawsuits have forced local jurisdictions across the country to amend their bail schedules so the poor are not negatively impacted.

“In San Francisco, arrestees face two different outcomes depending on their wealth status,” the lawsuit claims. “Wealthy arrestees purchase their freedom by paying an arbitrary amount set by the bail schedule. Poor arrestees must languish behind bars until the resolution of their case, simply because they cannot afford to pay a pre-determined sum of money. The sole criterion determining whether a pretrial arrestee walks free or sits in jail is the amount of money she has.”

The federal suit, filed Thursday by Equal Justice Under Law, a Washington, D.C.­-based civil rights nonprofit, names two women arrested this week who served time in San Francisco County Jail because they could not afford bail. Both plaintiffs, Riana Buffin, 19, and Crystal Patterson, 29, have since been released from jail, but one still owes $15,000 to a bail bond company.

The City has yet to be served, and the City Attorney’s office says it is premature to comment on the lawsuit.

But the San Francisco Superior Court’s spokesperson did weigh in on the issue.

“By state law, the judges in each county are required to approve an annual bail schedule,” says a statement from the court. “The purpose of bail is two­fold — to protect the public’s safety and to ensure that the defendant returns to court. Judges may use their discretion in setting bail — higher or lower than the amounts listed on the bail schedule, which serves as a guide.”

Last June, judges decided to raise many bail amounts. Still, others have vocally supported the lawsuit.

Read more at http://www.sfexaminer.com/federal-lawsuit-filed-to-overturn-citys-unequa...