this post was submitted on 18 Sep 2023
200 points (98.5% liked)

News

23634 readers
2895 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 2 years ago
MODERATORS
 

Illinois became the first state in the nation Monday to completely remove cash bail as a condition to be released ahead of a criminal trial.

Here’s how the new system will work, with some questions still to be answered.

Who will not be jailed?

Under the new law, people charged with the state’s lowest level offenses will likely never set foot in a jail cell, including at a police station after their arrest.

People charged with an offense lower than a Class A misdemeanor — littering, some speeding charges and possession of marijuana over the legal limit — will likely be released with a citation and a court date without having to be processed at a police station.

What about more serious misdemeanors?

Class A misdemeanor offenses are slightly more serious, but still cover a lot of ground. They include shoplifting, simple battery, trespassing in a car or on property, possessing alcohol as a minor, and street racing.

A person facing a Class A misdemeanor will be arrested and taken to a police station for booking, but should be released with a future court date instead of being taken to jail.

The first question for authorities is whether, under the law, the offense allows the judge to jail someone. For example, a judge can detain a person accused of domestic violence, even when the person is charged with a misdemeanor.

In these cases, people usually face no more than six months in prison if convicted and often are released on probation without any incarceration.

However, law enforcement agencies will still be given discretion in certain cases. For example, if a person continues to commit the offense after being cited, they can be taken into custody and held until they appear before a judge, which must occur within 24 hours.

People can also be taken into custody if they can’t be properly identified, or if police believe a person poses a danger to the community or themselves. Police will have to explain their decision to hold the person.

you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 2 points 1 year ago (1 children)

The Judge should be the one to decide whether someone should be remanded or released on surety, NOT the Police.

[–] [email protected] 11 points 1 year ago

However, law enforcement agencies will still be given discretion in certain cases. For example, if a person continues to commit the offense after being cited, they can be taken into custody and held until they appear before a judge, which must occur within 24 hours.

This is completely reasonable. You're picked up for trespassing, cited, released. You go right back and trespass again at the same place. You have demonstrated that a citation and a court date are insufficient to prevent the offending behavior. Now you get to wait in custody until you see a judge.

People can also be taken into custody if they can’t be properly identified (reasonable), or if police believe a person poses a danger to the community or themselves (also reasonable). Police will have to explain their decision to hold the person.

In both of these kinds of situations, the police are empowered to take actions to prevent crimes, and to ensure public safety. This is what we want police to do. These police powers existed before the no cash bail law in Illinois, and it is impractical to require a judge to rule on every such situation at any hour, on any day.

I get that police are a bit famous for abusing the powers they have, but no new power for police to imprison people has been introduced. And, in fact, eliminating cash bail removes an undue burden on arrestees who are unable to pay to excuse themselves from detention. Now, all people in the State of Illinois get treated equally when it comes to pre-trial detention; the rules aren't different depending on how much money you have.