Illinois Supreme Court supports goal to end cash bail in criminal justice reform.
The Illinois Supreme Court Upholds Law Eliminating Cash Bail
The Illinois Supreme Court made a landmark decision on Tuesday, upholding the state’s law that eliminates cash bail. This ruling puts an end to a lengthy debate over the constitutionality of the reform.
The state’s high court ruled 5-2 that the Illinois Constitution does not require cash bail in criminal trials, overturning the decision of a Kankakee County judge.
The court emphasized that the constitution does not mandate monetary bail as the sole means to ensure defendants’ appearance in trials or to protect the public. It recognizes the need to strike a balance between the rights of defendants and the rights of crime victims.
The cash bail provision, part of the SAFE-T Act signed into law by Governor JB Pritzker (D-IL) last year, was originally scheduled to take effect on January 1 but faced legal challenges that caused a delay.
In response to the Supreme Court’s decision, Governor Pritzker expressed his satisfaction, stating, “We can now move forward with historic reform to ensure pretrial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail.”
Cook County State’s Attorney Kim Foxx, a vocal advocate for eliminating cash bail, praised the court’s ruling. She believes that replacing cash bail with a detention process based on community safety, rather than financial status, will be a significant step forward.
However, Kankakee County State’s Attorney Jim Rowe, who was among those who sued to overturn the law, expressed disappointment with the decision. He believes the law is detrimental to public safety and criticized its passage in the early hours of the morning without public input.
Republican candidate Ray Estrada, running for Illinois’s 17th District, called the ruling a “radical policy” that fails to address violence and empowers prosecutors who prioritize “social justice” over the safety of victims.
Justice David K. Overstreet dissented from the majority opinion, with Justice Lisa Holder White joining his dissent. Overstreet argued that eliminating cash bail infringes upon the rights of crime victims.
Illinois Attorney General Kwame Raoul appealed the Kankakee County judge’s ruling to the Illinois Supreme Court, leading to the recent decision after arguments were heard in March.
For more information, click here to read the full article from The Washington Examiner.
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