It's a scummy business but without it bail bonds wouldn't exist, or at least be as widely available as they are today. Maybe there are better systems for ensuring compliance with orders to appesr in court than that of Bail but as long as the concept of Bail exists, private Bail Bonds will have to be a necessary part of the system lest lower/no-income individuals find themselves with no recourse.
> It's a scummy business but without it bail bonds wouldn't exist, or at least be as widely available as they are today.
And...is that bad? The availability of bonds factors in to the level at which bail in a money bail system is set to give reasonable assurance of compliance, so the main effect of available bail bonds is to make purchasing a bond instead of paying cash necessary by driving up money bail prices.
> Maybe there are better systems for ensuring compliance with orders to appesr in court than that of Bail
Certainly there are better ideas than money bail structured to support a commercial bond industry.
> but as long as the concept of Bail exists, private Bail Bonds will have to be a necessary part of the system
No, because bail systems outside of the US and the Phillipines (as well as D.C. and California in the US) are not money bail systems.
I wasn't aware that California eliminated the cash bail shstem last year but my cursory review of its replacement leaves me thinking its lacking in its ability to both accurately identify those who pose a risk to society or a general flight risk. Replacing a system that allows anyone granted the right of bail to obtain it (via bail bonds) with enforcement carried out via the threat of physical apprehension with one that tries to predict the risk before release leaves enormous room for error/gaps/all-other-flaws.
It sounds good on paper but how does it account for a citizen of "good" character per the algorithm being charged with a major felony or violent crime? If they are innocent, there is a meaningful likelihood they are denied release, thus ruining their life. If they are guilty, there is a meaningful likelihood they aren't reputable enough to ignore the chance to cut off their ankle bracelet and go underground.
Are there any systems that allow for something akin to "bail" (as in a way to be releaswd from custody while awaiting trial while also holding the individual accountable to return) that rely on things asids from cash or trust in an "algorithm"? I'm currently doing some reading on the subject so don't jump down my throat, I'm just skeptical of any other system's ability to balance availability with accountability for those with few to no assets.
Innocent until proven guilty is still a thing. If the judge is inclined to permit bail then the accused is likely not a danger to society. Bail is nothing more than incentive for the state to prosecute people for money.