Bail–an aristocratic hangover

In 1831-32 Alexis de Tocqueville, a young Frenchman, toured the United States, met politicians, Indians, slaves, a President, and common ordinary folk and wrote a book about his experiences.  The book, entitled Democracy in America, discusses the unique features of life in the United States and is still read for its insights.

Tocqueville noted just how democratic America was, although he was distressed at the treatment of Indians and slaves.  He did say that some holdovers from aristocratic England were still around, and one of them he singled out was the use of bail  He said that bail was a system that freed aristocrats, who could afford it, while the poor languished in jail until their trial.

Here we are, almost two centuries later, and the bail system is still in place.  It is time we get rid of it.