In Re: Humphrey–The Beginning of the End of Cash Bail

In 2018, the First District Court of Appeal put up a fight against the California money bail system. They ruled that the system violates due process and equal protection of defendants. Their arguments was due to the fact that the California money bail system has proven to imprison citizens prior to trial simply because they cannot afford to pay bail. Because of this ruling, the Supreme Court has had to review their system and take consideration of a defendants ability to pay bail as well as other alternatives un-related to money, when setting a bail amount for the individual and the circumstances of release. Previously, detention of a defendant due to his/her inability to pay bail was not prohibited. However, since January 2018, the ruling by the First District Court of Appeal has forbidden this form of detention.

After review of the money bail system by the California Supreme Court, briefing was concluded in September 2018. Amicus briefs were later filed in October 2018. Humphrey responded with an argument supporting the unconstitutional money bail and detention systems. He agrees that the Supreme Court is in fact violating due process and equal protection of it’s defendants. Humphrey also argued that based on the California Constitution, courts are limited to detaining persons prior to trial unless or until a case becomes severe or evidence suggests that release of the individual would be dangerous. Oral arguments are awaiting at this time as the case has yet to be set. However, November 2018 marked the start of a new beginning to the money bail systems in California. Stay tuned!