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California Propositions (NOV. 2008): Dangerous New Bail Law Proposed

Posted on: August 20, 2008 at 8:08 a.m.

Every November California practices its own brand of democracy by putting for propositions, many of which target criminal activity of some sort. This year is no different, and there is a highly controversial Prop. being proposed in regards to bail*.

Proposition 6, the "Criminal Penalties and Laws. Public Safety Funding. Statute" would require new state spending on various programs to combat crime and gangs, and to operate prison and parole systems. It would also eliminates bail for illegal immigrants charged with violent or gang-related felonies.

Targeting illegal immigrants is nothing new for those who attempt to get propositions onto the ballet, and non-citizens who are violent offenders are also easy targets. However, denying bail to these individuals may be denying them the rights given by the federal and state Constitutions. In fact, it seems a bit counterproductive, as non-citizens have the right to counsel from their home nation on certain matters. Attempting to keep them locked up not only keeps these non-citizens from returning to their home nations, but my infringe on their right to counsel (depending upon how the courts interpret the rule). There was a case in Texas recently where a man who was a Mexican citizen was put to death and not given the chance to speak with counsel from Mexico.

It will be interesting to see how this proposition is treated, and whether or not it passes.

*The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum.

Tagged as: bail and release, immigration consequences







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