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Criminal Procedure

2019

Cornell Law Library Prize for Exemplary Student Research Papers

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Incarceration Or E-Carceration: California’S Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen May 2019

Incarceration Or E-Carceration: California’S Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen

Cornell Law Library Prize for Exemplary Student Research Papers

California’s bail system not only infringes on individual rights, but also exacerbates a cobweb criminal justice system. The In re Humphrey court framed the issue perfectly when it stated that the problem with the bail system stems “from the enduring unwillingness of our society, including the courts, to correct a deformity in our criminal justice system that close observers have long considered a blight on the system.” California sought to rectify this “deformity” of a wealth-based bail system by passing SB 10 (the California Money Bail Reform Act of 2017).

This Note addresses the arguments that will likely be raised …