One of the greatest lies sold by liberals (rivaling Obamacare and comprehensive immigration “reform”) was bail “reform.” Americans were told countless people with minor offenses were languishing in jail awaiting trial, losing jobs and putting a massive strain on good families because they could not afford a bond. Liberals swore this would not be for violent offenders, but a single mother arrested for driving with a suspended license or a minor shoplifter.
As Dr. Evil says, Riiiiight.
My home of Harris County TX (Houston) was known as a place where you didn’t want to get arrested, because our judges did not play around. Violent offenders got a significant bond (high five or six figures) to insure they would return, and if you jay walked while out your bail was voided. Unfortunately in 2018 we had a blue wave election where almost all of the county judges were replaced by Democrats. The results have been devastating.
Fox 26 in Houston has an excellent series called Breaking Bond. Since 2018, over 175 people have been murdered by felons on bond for serious violent offenses, including murder and capital murder. In one case a man was murdered by a defendant on bail for not one, not two, but seven violent felonies, all pending trial. You would think after one serious crime the judge would get the idea of remanding the defendant, but not with these progressive judicial geniuses.
Thankfully there an effort to restrict the ability of judges to let violent offenders walk and prey on the public while they should be sitting in jail awaiting trial. The Texas legislature has less than a month (assuming they are not called by for a special session) but this is a critical matter that should have been handled in January.
Abbott: Deny bail for some by default
Governor pitches violent crimes rule
By John Wayne Ferguson and Nicole Hensley
Gov. Greg Abbott on Wednesday demanded state legislators approve a constitutional amendment that — if passed by voters — would require courts to automatically deny bail to people accused of murder and other violent crimes in the state.
Surrounded by crime victims’ families at Crime Stoppers of Houston, Abbott called on lawmakers to start a process that could put even more stringent requirements on judges and magistrates, who decide if a person can go free in between their arrest and trial...
Abbott’s called-for reform was quickly called unconstitutional by groups already skeptical of other bail-related bills moving through the legislature.
Funny, these “groups,” aka The Usual Suspects, call an amendment to the Texas constitution unconstitutional. If it’s in the Texas constitution, it’s not unconstitutional. If they say it’s against the federal constitution, these legals scholars should read the 8th Amendment. It only prohibits “excessive bail,” it does not forbid remand.
The Texas Senate passed a bill in February, known as SJR 5, that proposes an amendment to the Constitution that would give judges discretion to deny bail to people accused of violent crimes and some sex-related offenses. The current bill requires judges to find evidence that a defendant won’t appear in court and is a danger.
Currently, the only crime a judge may initially deny bond for is Capital Murder. This bill would expand the crimes where a defendant may be disallowed bail. From the summary:
A person accused of committing a sexual offense punishable as a felony of the first degree, of committing a violent offense, or of committing continuous trafficking of persons may be denied bail pending trial if a judge or magistrate determines by clear and convincing evidence after a hearing that requiring bail and conditions of release is insufficient to reasonably ensure:
the person's appearance in court as required; or
the safety of the community, law enforcement, or the victim of the alleged offense.
Again, this does not make remand mandatory, only expands the crimes where a judge may deny bail to protect the populace, witnesses to the crime, or law enforcement.
The burden should be on repeat violent criminals “to prove that they are not a danger to the community,” Abbott said.
Judges who don’t deny bail should be required to explain their decisions in writing and prosecutors should be able to appeal bail decisions to a higher court, he said
…Other bail-related bills being considered by the legislature would require immigrants in the country without permission accused of felonies to be held without bail and would put further limits on when cashless bonds can be granted.
Good point on repeating violent offenders having to prove they are not a danger to the public. If you are out on bond for aggravated robbery and rob another person at gun point, I think that shows you can’t be trusted and you should rot in jail awaiting trial. The issue on illegal aliens getting bond is obvious. Once you’re on the other side of the border, with few exceptions, you’re lost to American justice.
This shows another issue of the electorate in general. If an elected judge shows himself untrustworthy of the power of granting bond in serious crimes, he should be out of a job after the next election. The best term limit is an engaged voter base. Unfortunately, in too many cases, we don’t have that. Until our voters become more active in down ballot races, and hold officials accountable for their actions, we will have issues like this. So we must limit the discretion a judge has. Granted a blunt instrument, but if the judges acted like jurists and not liberal hacks, this would not be a concern.