No Bail in Domestic Battery Cases
In domestic violence cases, bail is often a complex issue. On one hand, releasing an alleged abuser without bail could put the victim at risk of further harm. On the other hand, holding someone without bail before they are convicted could violate their rights. This article examines the arguments around bail in domestic battery cases and looks at relevant laws and precedents.
The Purpose of Bail
Bail serves several key functions in the justice system. First, it provides incentives for a defendant to show up for court hearings. If they fail to appear, they lose their money. Second, bail protects public safety by keeping dangerous individuals detained pre-trial. Finally, bail upholds the presumption of innocence – defendants are innocent until proven guilty, so pre-trial release preserves their rights.However, some argue the system disproportionately impacts low-income defendants. Someone with money can easily post bail, while someone without means may stay locked up awaiting trial. As a result, some states have moved towards eliminating cash bail for minor crimes.
Domestic Battery and Public Safety
With domestic violence, public safety concerns around bail are amplified. There is a high risk that an alleged abuser released pre-trial could threaten, harass or assault their victim agai.According to one analysis, nearly 20 people per day in the U.S. are abused by someone they previously had a restraining order against. Also, more than 70% of domestic violence murders happen after the victim leaves the relationship. This data suggests bail that allows alleged abusers easy pre-trial release could seriously endanger victims.
State Laws on Bail in Domestic Violence Cases
Many states have adopted special rules regarding bail/pre-trial release specifically for domestic battery cases. For example:
- Colorado law prohibits bail for anyone convicted of felony stalking or domestic violence, pending sentencing or appeal.
- In Massachusetts, the court can hold domestic violence defendants for up to 90 days without bail if they violate release conditions or pick up new charges.
- West Virginia requires defendants charged with domestic battery to undergo a bail hearing, and the court must consider the safety of the victim when setting bail.
So state laws recognize the unique risks involved with releasing domestic abusers pre-trial. Judges have tools to order defendants held without bail, but may still grant bail after considering the case details.
The Debate Around Bail in Domestic Violence
Victim advocates argue strongly for “no bail” policies in domestic violence cases. Allowing alleged abusers to bond out of jail quickly silences victims, who fear further retaliation for reporting. Holding defendants pre-trial keeps victims safe and prevents witness intimidation.
However, defense attorneys counter that excessive pre-trial detention violates defendants’ civil liberties. People are innocent until proven guilty, and lengthy jail stays impact their jobs, finances and families. Additionally, defendants held pre-trial are more likely to plead guilty, even if they have a strong defense. They plead just to get out of jail faster.
There are good arguments on both sides. Ultimately each case depends on the specific circumstances and jurisdiction.
What is Supreme Court Rule 528(d)?
Supreme Court Rule 528(d) refers to the Illinois Supreme Court rules on bail bonds. This rule states that bail cannot be forfeited for someone who violates a domestic violence emergency order of protection.
Normally if someone out on bail misses a court date or breaks release conditions, they forfeit their bail money. But Illinois created an exemption for protective order violations in domestic cases. The goal is to eliminate any financial incentives for an abused partner to report protective order breaches.
Without Rule 528(d), a victim could lose their abuser’s bail money by reporting further abuse. This disincentivizes reporting and imperils victim safety. While reasonable minds can disagree on bail policies, this rule aims to remove barriers so victims come forward.
Conclusion
Bail in domestic violence cases involves a delicate balance. Alleged abusers may threaten public safety if released pre-trial. But excessive bail violates civil rights for legally innocent defendants. Specific state laws address these issues in domestic cases, but judges still have discretion based on circumstances.
There are good-faith arguments on both sides, as well as victims’ advocates and defense attorneys representing their interests. As with most areas of criminal justice reform, there are no easy answers. But understanding current laws, their rationale and each perspective leads to meaningful dialogue on this complex issue.