NCJ Number
17867
Journal
Valparaiso University Law Review Volume: 9 Issue: 1 Dated: (FALL 1974) Pages: 167-191
Date Published
1974
Length
25 pages
Annotation
THIS NOTE DISCUSSES THE VIABILITY OF BRINGING A CLASS ACTION IN FEDERAL COURT BY CHALLENGING THE PRESENT MONEYBASED BAIL SYSTEM AS AN UNCONSTITUTIONAL DENIAL OF EQUAL PROTECTION.
Abstract
ONE AREA OF THE CRIMINAL PROCESS THAT STILL DISCRIMINATES AGAINST THE POOR IS THE MONEY-BASED BAIL SYSTEM, SINCE BAIL IS SET WITHOUT ANY CONSIDERATION OF THE DEFENDANT'S ABILITY TO PAY. THE USE OF A CLASS ACTION SUIT IS DISCUSSED WITH RESPECT TO THREE AREAS: POSSIBLE PROCEDURAL DIFFICULTIES THAT SUCH AN ACTION MAY PRESENT AND THE WAYS TO AVOID OR OVERCOME THEM; THE SUBSTANTIVE ISSUES OF WHAT EQUAL PROTECTION STANDARD OF REVIEW SHOULD BE EMPLOYED IN SUCH A CASE; AND THE UNCONSTITUTIONALITY OF THE PRESENT MONEY-BASED BAIL SYSTEM UNDER THAT TEST. THE AUTHOR CONCLUDES THAT SUCH AN ACTION IN FEDERAL COURT APPEARS TO BE A VIABLE REMEDY FOR THE INDIGENT WHO FACES DISCRIMINATION UNDER THE PRESENT MONEY-BASED BAIL SYSTEM. IT DOES PRESENT SOME PROCEDURAL DIFFICULTIES, SUCH AS WHETHER (1) THE WRIT OF HABEAS CORPUS IS THE ONLY REMEDY OPEN TO THE INDIGENT, (2) THE FEDERAL COURT SHOULD ABSTAIN BECAUSE OF COMITY CONSIDERATIONS, AND (3) THE CASE WILL BE MOOTED IF THE INDIGENT IS TRIED OR RELEASED BEFORE THE FEDERAL COURT HEARS IT. HOWEVER, BY A PRECISE DELINEATION OF THE PRAYER FOR RELIEF TO INCLUDE (1) A DECLARATORY JUDGMENT THAT THE PRESENT BAIL SYSTEM WHICH RELIES ON MONEY BAIL OR CASH BOND IS UNCONSTITUTIONAL, (2) EQUITABLE RELIEF REQUIRING THE INSTITUTION OF A SYSTEM WHICH DOES NOT RELY ON THE USE OF MONEY AND (3) DAMAGES AGAINST THE COUNTY AND ITS OFFICIALS FOR COLLATERAL CONSEQUENCES, THESE DIFFICULTIES SHOULD NOT BAR SUCH AN ACTION. THE AUTHOR STATES THAT IN THESE ACTIONS THE COURTS SHOULD EMPLOY THE STRICTER STANDARD OF REVIEW, BECAUSE THE RELIANCE ON BAIL SCHEDULES INVOKES A SUSPECT CLASSIFICATION BASED ON WEALTH. THE COURT SHOULD ALSO APPLY THE STRICTER STANDARD BECAUSE PRETRIAL DETENTION INFRINGES ON THE DEFENDANT'S RIGHT TO A FAIR TRIAL AND PRETRIAL FREEDOM. IT IS CONCLUDED THAT UNDER THIS TEST THE POSSIBLE STATE PURPOSES FOR A SCHEDULED MONEY-BASED BAIL SYSTEM, (1) INSURING THE DEFENDANT'S PRESENCE AT TRIAL, (2) PREVENTING CRIMINAL CONDUCT BY THE DEFENDANT PENDING HIS TRIAL, AND (3) SAVING THE STATE ADMINISTRATIVE COSTS, FAIL TO JUSTIFY ITS DISCRIMINATION AGAINST THE POOR. (AUTHOR ABSTRACT MODIFIED)