Our Constitution contains multiple procedural due process rights that are critically important to our democracy and to our country's vision of justice. When any of them are eroded, our system fails to operate as it was intended.
Brief in Support of Plaintiffs
5th Circuit Court of Appeals
In this amicus brief, we argue predetermined, scheduled bail schemes infringe on the due process rights of pretrial detainees. These schemes do not account for the government’s interests in pretrial detention or an individual’s ability to pay, in violation of the Fifth, Eighth, and Fourteenth Amendment. Judges are also unable to take a defendant’s individual circumstances into account when setting bail if it is predetermined or scheduled. Furthermore, longstanding jurisprudence underscores the general right to pretrial liberty and is incompatible with the bail practices currently in use by Dallas County.
Filed with Americans For Prosperity Foundation, Cato Institute, Clause 40 Foundation, and Professor Shon Hopwood.