A wave of states and local jurisdictions are tweaking their bail reform policies following problems with their justice systems. Louisiana state representatives are now working towards bail reform to ensure fairness in courts.
The law is not black and white. There are gray areas and in those areas lie discretion - a slippery slope if there is an abuse of power by a judge.
“Our oaths as attorneys are to protect the Constitution and within that is that everyone should be treated equally, receive equal protections under the law, receive due process and be free from excessive bail,” says defense attorney Michael Antoon.
“The judges throughout this state, especially in Calcasieu Parish have set extremely unreasonable bonds that result in folks not being able to get out of jail,” retired judge Wilford Carter said.
Carter is now a Louisiana State Representative with a passion towards bail reform. There are several factors judges must navigate when determining bail: the seriousness of the offense, the weight of the evidence against the defendant, a previous criminal record, and whether there is a threat to public safety.
“Small differences in the discretion of two different judges can lead to big differences in numbers when you’re talking about bail, and somebody that may not have a whole lot of money to pay bail,” Antoon said.
This is something retired judges call a violation of the Constitution. They say statutes should be passed to limit the court’s ability to set amount of bonds for different charges based on a maximum and minimum range.
“I’ve got a big problem with it,” Representative Carter said. “It’s kind of hard to get the Legislature to do something about it, but I’ll probably have something next session dealing with bonds.”
https://www.kplctv.com/2022/02/18/louisiana-legislators-push-bail-reform/