Bail for indigent defendants

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Bailfor indigent defendants

Theterm Indigent defendants refer to all members of the public who arekept behind bars because of their inability to post bail. Most stateshave fixed amounts that are determined based on crimes committed.These types of bails are unfair to citizens in the low-income bracketand thus should be considered unconstitutional. The law opposes theimposing of unattainable amounts for offenders and requires states toensure that all people are treated fairly by the justice system. Inmy opinion, indigent defendants should not be held in jail simplybecause they are unable to post bail set by the authorities. Thisalienates their right to equal and fair treatment by the law asguaranteed for all citizens. The paper seeks to show that indigentdefendants should not be kept in jail, but rather the authoritiesshould look for an alternative way to ease this burden forunderprivileged citizens.

Thereare several policies that can be implemented to improve the situationfor indigent defendants. Firstly, states that still have fixed bailschedules should repeal such laws and provide an alternative systemthat takes into account the economic ability of the defendant whensetting the amount. Additionally, these local authorities need totake remedial measures that will ensure that the legal rights ofmembers of the society in the low-income bracket are protected. Thisshould include ensuring that they have legal representation so thatthey are not coerced into concessions by prosecutors wishing to closecases at the expense of the victim. The other manner in whichindigent defendants can be protected is by requiring states to have afund that caters for bail for all those that are unable to pay.Lastly, the stakeholders can come up with laws that providealternative forms of paying for these offenders. For instance, thejustice system should provide a community service schedule that canhelp those that are unable to raise bail to indemnify the statethrough equitable services.

Inconclusion, the authorities have a duty of ensuring that indigentdefendants do not remain in jail because of their inability to postbail. Implementing the policies recommended above will go far inensuring that the rights of these citizens are protected.