Oregon’s bail requirements violate the constitutional right to bail
Historically, bail referred to a deposit of money or property with the court to ensure attendance at a future court date. That’s it. It included a promise to appear in court, but no other promises, and did not permit seizure of bail other than for failure to appear, so bail could not be applied to fines, costs, violation of a release agreement or unrelated judgments. Modern bail includes...
Read MoreYou can’t go home again - release conditions and no-contact orders
The criminal-justice system is scrupulously protective of some rights, such as the right to counsel or the right to a jury trial. The trial process is as long and involved as it is because of the importance of protecting those rights, especially the ones in the Fourth, Fifth, and Sixth Amendments (including counsel, jury, and confrontation) and Article, Sections 11 and 12 of the Oregon...
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