13 Rational basis is the lowest level of scrutiny and is a catch-all test for classifications that do not receive a heightened scrutiny. 12 Laws are upheld under intermediate scrutiny if they are substantially related to an important government purpose. 11 Intermediate scrutiny applies to classifications based on sex or nonmarital children. 10 To pass strict scrutiny, the provision must have a compelling government purpose and be narrowly tailored to achieve that purpose. Strict scrutiny is the highest level of scrutiny and is only applicable to discrimination based on race or national origin. There are three levels of scrutiny in an equal protection analysis. 9 Here, the classification is facial because it classifies people into a group based on whether they can pay. The court examines the sufficiency of the government’s reason based on the type of classification and the level of scrutiny assigned to that classification.Ī classification exists when the law is either (1) facially discriminatory or (2) facially neutral with both a discriminatory purpose and effect. 8 Essentially, equal protection forbids the government from classifying without a sufficient reason. Equal protection forbids any state from “deny to any person within its jurisdiction the equal protection of the laws,” and equal protection applies to the federal government through the Fifth Amendment’s Due Process Clause. If a right is fundamental, the infringement is subject to strict scrutiny, and the freedom from incarceration is undoubtedly fundamental. Substantive due process requires that the government have sufficient justification for depriving someone of an important right. This issue presents an inseparable overlap between equal protection and due process principles. 7 Under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, cash bail systems are unconstitutional because they impermissibly discriminate against indigent persons and fail under heightened scrutiny.
Equal protection clause free#
5 While bail is now a mechanism for punishing poverty, it originated in Medieval England “as a device to free untried prisoners.” 6 Additionally, those who cannot afford bail are significantly more likely to be convicted or plead guilty. 4 Charges were ultimately dropped but because of the trauma from prison, Kalief committed suicide shortly after his release. 3 He could not afford his $3,000 bail, so he sat in jail for three years awaiting trial. 2 In 2010, Kalief Browder, then sixteen-years-old, was charged with stealing a backpack. 1 Being unable to afford cash bail, regardless of consequent length of stay in jail, can lead to psychological impacts, and loss of jobs, custody, and housing. Each year, roughly 500,000 people are held in jail in the United States because they are unable to afford bail.
0 kommentar(er)
