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Constitutional Law

May 19, 2023

Ending cash-based jailing: a win for the Constitution and public safety

As a former federal prosecutor, a constitutional law scholar and a former judge, we believe the Court made the right decision. The preliminary injunction order is sound, it protects public safety, and, most important, it vindicates constitutional rights that have long been ignored in Los Angeles.


At any given time, thousands of people in Los Angeles are jailed solely because they are too poor to pay for their freedom. Between a person's arrest and first hearing in court ("arraignment"), a price is assigned to secure release by a "bail schedule" that does not allow any individual consideration of flight risk, public safety, strength of evidence, financial situation, or any other factor besides the arrest ch...

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