$250K Bail For 12 Year Old
by TChris
The first six words of the Eighth Amendment: "Excessive bail shall not be required ...." Perhaps the Boston judge who set $250,000 bail for a 12 year old should look up the word "excessive."
Judge Paul D. Lewis railed against urban youth violence Tuesday after he set cash bail for the South End boy, who Boston police said was found with a loaded gun on Monday.
Urban violence is of concern to everyone, but setting excessive bail to "send a message" is an affront to the Eighth Amendment. The kid is charged with possessing a gun, not with shooting someone. He's presumed innocent of that charge, but even if he's eventually convicted, he faces no more than Department of Youth Services supervision until he's 18. He has no real incentive (and probably no ability) to flee, making it inappropriate to set high cash bail.
Bail is to ensure that a defendant shows up to court, not to make a point, [Lael] Chester [executive director of Citizens for Juvenile Justice] said. "As an advocate, I would never say we shouldn't have [bail set]," Chester said, "but you want to make sure it's done fairly, accurately, and justly."
The judge claimed that he evaluated the boy's flight risk and that "sending a message" was a mere byproduct of his bail decision. But a 12 year old with no money and no chance to find a job to support himself isn't a serious flight risk. In any event, the judge's comments show that he wasn't concerned with the likelihood that the kid would show up in court. He criticized "parental apathy" and he accused juvenile offenders of "not taking responsibility for their actions." Sounds like a judge using a bail hearing as a soap box.
It also sounds like a judge who isn't paying attention to crime rates.
Advocates also criticized Lewis for his comments that youth violence is "out of control."
"Juvenile crime is at an all-time low," Chester said. "I think his comments sort of make people think we're in a crime wave."
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