Earlier quoted context omitted.
EDIT: Since OP was apparently talking about pre-conviction jailing, my comment was non-responsive to his point, and likely yours as well.
Your information/links are about the wrongly convicted, but TFA is about accusals.
Bail has become a way to lock up the poor regardless of guilt or threat
81–90 of 184 posts
Re: Bail has become a way to lock up the poor regardless of guilt or threat
#82Earlier quoted context omitted.
But the goal is presumably to try and persuade him not to speed again?
The goal should be to persuade everyone not to speed in the first place.
Re: Bail has become a way to lock up the poor regardless of guilt or threat
#83Re: Bail has become a way to lock up the poor regardless of guilt or threat
#84Earlier quoted context omitted.
It is but it is extremely rare. These are systemic problems, caused by the construction of the system itself and not due to bad actors. One problem is to have a successful suit against wrongful imprisonment, you have to prove intent. If somebody accidentally imprisoned you acting in good faith, the idea is that people make mistakes. There is automatic protection built into the system to allow prosecutors and LE to do…
Establishing guilt and intent doesn't seem like a good approach here, or at least it shouldn't be the usual approach. Wrongful imprisonment should trigger an automatic payout from the institution imprisoning you. Then allow a court case to establish if the case deserves a higher than normal payout because of the specific circumstances. If these payouts are large enough they create pressure to both solve systematic pr…
Re: Bail has become a way to lock up the poor regardless of guilt or threat
#85Earlier quoted context omitted.
That's also the case in the german-speaking countries.
... and also the case in the US. (however it's always going to be >$1000 or so, for obvious reasons, including of course in Germany and Scandinavian countries) (by the way, I hate how tiring it is to see Europeans claim how "socially progressive" and protective of rights the EU governments supposedly are. You have more rights, as a suspect, in the US. Not less. The US, without any doubt, protects the rights of accuse…
Since Assange’s entire excuse for his flight from justice is the fear that the whole Swedish and British process has been a pretext for being dragged to the US for an unfair trial, I don't think he'll back you.
Of course, he's also completely nuts. If the US wanted him from the UK, we'd just file charges and seek extradition directly rather than go through some Rube Goldberg Swedish rape charges to get him extradited to a country we have a less-closw relationship with than the UK.
Re: Bail has become a way to lock up the poor regardless of guilt or threat
#86Earlier quoted context omitted.
Your information/links are about the wrongly convicted, but TFA is about accusals.
But OP’s question is about “wrongful imprisonment.”
Re: Bail has become a way to lock up the poor regardless of guilt or threat
#87...if you can't bail out, you don't get any REAL credit for the time you have spent locked up when you finally go to court and get sentenced, which really rubs injury into insult and flies 100% into the face of "innocent until proven guilty" bullshit we are all told is the way the system works.
Before everyone goes off on how wrong I am, please hear me out from my POV of over 30 years getting arrested for minor shit all over the US.
For the record, I have probably done time in like...12 different county jails and been through the systems in each of those places, and have been to state prison twice (no bail issues in prisons, so I'll leave them out).
So back to my outrageous assertion...am I really saying that the judge gives you NO CREDIT for being in jail, away from your loved ones, your job (hopefully you had one), and your freedom, for all those weeks that you will wait to see him and have your case disposed of?
Yes that is exactly what I'm saying, and here is why. Let's say 2 people get arrested for, say, felony ketamine possession on Jan 1, 2019.
Richie Rich cries to mommy and get bonded out 10 hours after the arrest, and the bondsman gives him his first court date (there will be many BTW) 5 weeks out on Feb. 3rd.
Joe Street is from out-of-town and the police forget to let him get local numbers from his phone before its stowed away in his property, thus leaving him totally helpless as far as calling anyone because who in in the hell remembers out-of-town numbers these days, right?
[I use this example because this exact situation with the phone happened to me last year here in Vegas]
So Joe is officially fucked. He too gets a court date for Feb 3rd and has to sit in jail until then. Trust me. If you have never been to county jail 5 weeks will feel approximately like 2 full-fucking eternities to you.
You can't believe how bad the food is...how uncomfortable the beds are...how bad your cellmate snores...what assholes the COs are...
And mostly how incredibly shit the phone system is...it's expensive as hell (3 bucks for 15 minutes I've seen) and often the speaker or mics dont work that well due to people smashing it on the wall in frustration.
So you go to court FINALLY Feb 3rd, and there is Richie Rich! Oh man, he sure looks good in his street clothes and all groomed, while you look like pure crap with your ill-fitting jail garb..well at least you will be going home today, you think as you happily sit in the freezing cold holding cell and listen to people right next to each other scream at almost the top-of-their-lungs to just talk about their situation.
Your head is pounding and you have been up since 4am sitting on hard-ass concrete for 5 hours...but HELL YEAH YOU ARE GOING HOME TODAY I'll take whatever probation they give me today..who cares how much I just NEED TO GET THE FUCK OUTTA THIS JAIL!
And then, of course...you never even see the judge. This is "arraignment" dipstick and everyone knows you can't plead at arraignment. Your totally overworked assigned public defender hands you his card and silently signs "call me" because its so fucking loud still.
Then, in horror, you look down at the card and see your next court date is 3/18...HOLY SHIT ANOTHER 6 WEEKS ARE YOU KIDDING???
So I could go on relaying horror after horror, but I will stop here and get to the damn point. At the end, both you and Richie Rich get 3 years felony probation!!
Let that sink in...you have sat in hell for maybe 4 months (sometimes 8 or 9!!) while Richie has been doing his thing in the real world, yet you both end up with the same sentence.
And that's what I mean when I say that you basically get no credit for not being able to bail out. This is a 100% true story and I have seen it play out just like this perhaps a hundred times.
Re: Bail has become a way to lock up the poor regardless of guilt or threat
#88What is the alternative then? Let a probable criminal go wander the streets or disappear altogether? At least these people have some possibility of release rather than none at all. While some innocents may be confined to a jail awaiting trial, I'm sure this is a minority, not the majority. Even then, bail skippers still occur. Let's quit with the "Oh the poor criminal being treated that way" mentality.
[1]https://www.washingtonpost.com/opinions/the-cost-of-convicti...
Re: Bail has become a way to lock up the poor regardless of guilt or threat
#89Earlier quoted context omitted.
But OP’s question is about “wrongful imprisonment.”
OP does use the word "imprisonment", but I think it's possible he's actually asking about pre-trial incarceration. OP says he's from Europe, and a lot of countries don't have the jail/prison distinction as in the USA.
Re: Bail has become a way to lock up the poor regardless of guilt or threat
#90Is it possible to get compensation for wrongful imprisonment in the US? I know it is in Denmark. The logic being that it shouldn't be 'free' for the state to imprison someone wrongfully. In Denmark, you seek compensation after the fact. The exact compensation will depend on several variables, so I cannot give an exact figure. But I did find a case where a man was wrongfully imprisoned for five months, and got 141,000…
$22,000 is a pittance however, for five months of wrongful imprisonment (in my view)