[20181127]LSB10220_国家资金保释制度：不同的方法.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i State Money-Bail Systems: Differing Approaches November 27, 2018 Should state money-bail systems exist? This question has prompted both legislative interest and litigation concerning the constitutionality of such systems. While the use of money-based bail systems, whereby a criminal defendant deposits money with the court to enable or expedite his release from custody pending trial, has been a common feature of state and local criminal justice systems, several jurisdictions have ended the practice. For example, the Governor of California recently signed a bill to eliminate Californias money-bail system. On the judicial level, courts have heard legal challenges regarding whether state or local money-bail systems comport with the Constitutions due process and equal protection requirements. A central question in these challenges is whether jurisdictions may set uniform money-bail requirements for a particular offense, or whether money-bail systems must consider an individual defendants ability to pay. Though some of these challenges have been successful, the U.S. Court of Appeals for the El