JAN 5, 2020
Bail: The balance between rights and public safety
[...]
The murders of Blanchard and McKinney and the criminal records of those accused prompted the court of public opinion to question why Yazeed and Brown were allowed bond.
One woman posted on Facebook, “[Brown] should have been in prison and Cupcake may still be alive.” On the same link on WBRC Fox 6’s Facebook page, another user chimed in, “How could a judge keep letting her get away with these things?”
[...]
“Everyone charged, no matter how guilty they may appear in the press, no matter how guilty they may have said they are, by law, is presumed to be innocent and are entitled to a bond,” said Tommy Spina, criminal defense lawyer and former municipal judge.
He added, “The purpose of bond is to ensure... that you show up for court when you are supposed to.”
[...]
The Eighth Amendment of the U.S. Constitution establishes the right to a reasonable bond. “And a reasonable bond is a bond you can make,” explained Spina. “So a $15,000 bond, if you couldn’t make it, you’d hire a bondsman and pay him $1,500.”
[...]
The range for a murder charge is $15,000 to $150,000. The range for a Class A felony, such as first-degree kidnapping, is $10,000 to $60,000.
[...]
Brown’s bond was $209,000 after she was charged with kidnapping, second degree assault, attempt to elude/death and reckless engagement.
While both suspects have criminal records dating back a decade, they only had a few convictions each and none for violent felonies.
[...]
Last year, a proposed constitutional amendment that would give judges more ability to deny bail in certain cases passed the House but stalled in the Senate. Representative Chip Brown, R-Mobile, said his proposal “has the opportunity to save lives and keep the most violent of offenders from using the revolving door and getting right back out into the community.” In a Facebook post, Rep. Brown said he will file the amendment during the 2020 legislation session.
[...]