Obama administration challenges the money bail system: Can people be kept in jail just because they are poor?

President Obama’s civil rights lawyers are seeking a potentially far-reaching ruling to hold that the Constitution forbids the common practice of keeping people in jail prior to a trial, even for minor offenses, just because they are too poor to pay for bail. Civil rights lawyers describe the traditional bail system as a “wealth-based detention scheme” that has largely escaped the scrutiny of the nation’s highest courts. The ABA’s lawyers said they have been skeptical of the money bail system for decades and have now concluded fixed bail schedules “should be abolished.” They said there are other ways to assure that defendants appear for their trials. “Nothing in the Constitution supports that extreme position….By enabling defendants to post bail with only a fraction of the required amount, the commercial bail industry allows individuals of all financial means to leverage their social networks and community ties to obtain pretrial release….The modern system of bail is fundamentally not about poverty or wealth but instead about preserving liberty while ensuring community safety and appearance in court.” Would happen if money bail were abolished? Clement’s brief on behalf of the commercial bail industry said far more people would not show up for their trial, and the police would have to spend more time and money rearresting these fugitives.