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Abstract: 

In California, it was a judicial ruling, the California Supreme Court’s 2021 decision in In re Humphrey, rather than legislative reform that was expected to address inequality in the state’s pretrial system. This report, jointly authored by students of the UCLA School of Law Bail Practicum and Berkeley Law Policy Advocacy Clinic, examines the impact and aftermath of the state supreme court ruling that “setting bail at an amount that a person cannot afford to pay is unconstitutional.” The authors are highly critical of the state judiciary’s response to Humphrey, which has been to ignore or willfully misinterpret it, and they provide a list of concrete proposals that would set the state’s pretrial system on a course more consistent with the letter and spirt of Humphrey. This $0 cost article may be downoloaded at no charge by clicking the "Purchase" link below.

Keywords: In re Humphrey; California Supreme Court Bail Ruling

Affiliations:  1: UCLA School of Law Bail Practicum and Berkeley Law Policy Advocacy Clinic.