Federal Court: No Constitutional Right to Cash Bail - Articles

All Content


Posted by: Katharine Heriges on Jul 9, 2018
A federal appeals court today upheld the constitutionality of a New Jersey law that mostly ended the use of monetary bail, the ABA Journal reports. The law prioritized nonmonetary conditions of release over money bail and called for a risk-based assessment system to determine whether a defendant is a danger to the community. The case reviewed whether “there is a federal constitutional right to deposit money to ensure a criminal defendant’s future appearance in court as an equal alternative to non-monetary conditions.” The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled that there was not.