Illinois Judge Approves Democrats’ Law, Eliminating Bail for All Crimes.
Illinois’s Top Court Upholds Sweeping Bail Reform Law
The Illinois Supreme Court has upheld a groundbreaking state law that eliminates cash bail, paving the way for one of the most comprehensive bail reforms in the country.
The law, passed by the Democratic-controlled legislature and signed by Democratic governor J.B. Pritzker, had faced opposition after a judge ruled it unconstitutional in December.
Similar efforts to reduce the use of cash bail have been made in other states like New Jersey, New York, and California. Cash bail allows defendants charged with certain offenses to secure their release by paying money until their trial begins.
Critics argue that cash bail perpetuates a two-tiered justice system, where wealthy defendants can buy their freedom while poorer individuals remain incarcerated for months.
On the other hand, proponents, including many law enforcement officials, believe that bail ensures defendants appear in court and prevents dangerous criminals from being released back into society while awaiting trial.
Prosecutors from various Illinois counties filed lawsuits challenging the law, leading to the state Supreme Court’s recent 5-2 ruling that overturned the lower court’s decision.
“Our constitution strikes a balance between the rights of defendants and the rights of crime victims,” stated Supreme Court Justice Mary Ann Theis. “The pretrial release provisions of this law uphold that balance.”
Under the new law, judges are prohibited from setting bail. However, they can order defendants charged with serious crimes to be detained until trial if prosecutors can demonstrate that they pose a danger to the public or are likely to flee the state. Judges also have the authority to impose conditions, such as house arrest, on defendants.
In response to the court’s decision, Governor Pritzker expressed, “We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail.”
(Reporting by Joseph Ax; Editing by Daniel Wallis)
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