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In this country, you are innocent until proven guilty and — unless you are a danger to others or highly likely to flee the jurisdiction — you shouldn’t have to sit in jail waiting for your court date. This is the basic premise of due process: you get to hold on to your liberty unless and until a jury convicts you and a judge sentences you. It’s why the Bill of Rights explicitly prohibits excessive bail. That’s what justice is supposed to look like. What it should not look like is the system we have in America today. The median bail in the United States is $10,000. But in American households with an income of $45,000, the median savings account balance is $2,530. The disparity is so high that at any given time, roughly nine out of ten people who are detained can’t afford to pay to get out. By its very design, the cash bail system favors the wealthy and penalizes the poor. If you can pay cash up front, you can leave, and when your trial is over, you’ll get all of your money back. If you can’t afford it, you either languish in jail or have to pay a bail bondsman, which costs a steep fee you will never get back.

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In this country, you are innocent until proven guilty and — unless you are a danger to others or highly likely to flee the jurisdiction — you shouldn’t have to sit in jail waiting for your court date. This is the basic premise of due process: you get to hold on to your liberty unless and until a jury convicts you and a judge sentences you. It’s why the Bill of Rights explicitly prohibits excessive bail. That’s what justice is supposed to look like.

Black men use drugs at the same rate as white men, but they are arrested twice as often for it. And then they pay more than a third more than their counterparts, on average, in bail. Black men are six times as likely as white men to be incarcerated. And when they are convicted, black men get sentences nearly 20 percent longer than those given to their white counterparts. Latino men don’t fare much better. It is truly appalling.

Expensive illogicalities and inefficiencies do not worry the monsters of American bureaucracy, and the taxpayers are enthusiastic and eager to spend fortunes in the name of fighting crime. Prison places cost the US taxpayer more than university places. The American belief that prisons are the best way to combat crime has led to an incarceration rate that is at least five times that of almost any industrialised nation. Overcrowding is endemic. Conditions are appalling, varying from windowless, sensory-deprived isolation to barren futile brutality.

The U.S. legal system is organized as an adversarial contest: in civil cases, between two citizens; in criminal cases, between a citizen and the state. Physical violence and intimidation are not allowed in court, whereas aggressive argument, selective presentation of the facts, and psychological attack are permitted, with the presumption that this ritualized, hostile encounter offers the best method of arriving at the truth. Constitutional limits on this kind of conflict are designed to protect criminal defendants from the superior power of the state, but not to protect individual citizens from one another….All citizens are presumed to enter the legal arena on an equal footing, regardless of the real advantages that one of the parties may enjoy. The Constitution, therefore, offers strong guarantees for the rights of the accused, but no corresponding protection for the rights of crime victims. As a result, victims who choose to seek justice may face serious obstacles and risks to their health, safety, and mental health.

What kind of justice is this?
Where the poor go to prison and the rich go free.
Where witnesses are rented, bought, or bribed.
Where people are tried not because of any criminal actions but because of their political beliefs.

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