California Supreme Court ends unaffordable cash bail

by Alanna D Coopersmith on Apr. 04, 2021

Criminal Felony Civil & Human Rights  Civil Rights Criminal  Misdemeanor 

Summary: In In re Humphrey, for the first time the California Supreme Court held that the uniform application of bail to the rich and poor alike violates the due process and equal protection clauses of the constitution.

In a grownbreaking legal precedent, the Supreme Court of California last month struck down bail schedules as unconstitutional discrimination against the poor. Like so many defendants in criminal court, the defendant Kenneth Humphrey was granted release on bail in an amount higher than he could afford. As a consequence, he had to remain in jail. He appealed this ruling.

In In re Humphrey, the Supreme Court held that it is unconstitutional to detain someone prior to trial merely because they lack financial resources. In setting the amount of bail, the court must conduct an individualized assessment of ability to pay.

For more information on Humphrey, please visit my blog.

Alanna D. Coopersmith practices criminal defense law in the Bay Area.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.

Now Chatting...