If An Individual Is "Innocent Until Proven Guilty" In This Country, Why Are They Kept Incarcerated Until their Trial-Date If They Cannot Post Bail Or Bail Isn't Even An Option?

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Sir_Whatzs avatar Law
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Not all accused are arrested and incarcerated, some are simply charged on paper and / or ROR'd out. This can depend greatly on the level of cooperation one exhibits upon accusation / arrest.

Then again, sometimes no level of cooperation is sufficient to avoid detainment and / or incarceration.

Moreover, these things can vary greatly given the charge in question, the state in which the alleged crime was committed or even the discretion of both law enforcement and magistrate.

I'm not sure there is a one size fits all approach to this though it seems there should be. While law enforcement should never exert lethal force (especially that of a purely discretionary nature) upon mere accusation, arrest, confinement and the setting of bond require some form of discretion on the part of law enforcement. jmo

So they won't hurt anyone else.

Because people are not innocent until proven guilty, when it comes to having enough money to post bail. Sometimes it is a relatively small amount of money, but the accused still remain in jail for months or even years, even when their alleged "crime" was a very minor one.

It usually depends on the nature of the crime. A guy caught speeding is generally cited and has to appear in court. A person who is suspected of murder or other violent crimes is held in jail until trial.
While some people think it's unfair that some cannot afford to bail out, I have a solution for that. Don't commit the crime and you won't have to.
Being "presumed innocent until proven guilty", does not mean a person is innocent until proven guilty. It means that the person has not yet been judged guilty or innocent until all the facts and evidence are presented to a jury. It also implies there is enough evidence to bring a case before the courts.

Probably because of racist-misogynistic-white-conservative-Christian-males. I bet so.

Not always Will. Sometimes the trial is just a formality to bring forth the evidence. You are not really innocent until proven guilty. You are only presumed innocent until the jury has rendered it's verdict. If a person commits a crime, they are not innocent. Was John Wilkes Booth innocent of killing Lincoln? Was Hinkley innocent of shooting Reagan? Was Billy innocent of beating up Johnny in the third grade at recess when you watched it?

Anonymous