BRIEF OF AMICUS CURIAE SEAN KENNEDY OF THE MARYLAND PUBLIC POLICY INSTITUTE IN SUPPORT OF PLAINTIFFS-APPELLEES

SUMMARY OF ARGUMENT

The Circuit Court rightly decided that the Act's abolition of monetary bond is unconstitutional in that it violates the separation of powers by usurping judicial authority in bail-setting and impinges on victims' rights to safety ensued in the Illinois Constitution. Research and experience demonstrates that the Act's elimination n of monetary bond as a mechanism to release a defendant does: (a) upends the historical purposes and practical functions of bail; (b) severely inhibits the ability of the court to function by guaranteeing the accused's appearance and compliance with court orders, (c) imperil the public safety and put victims at greater risk; and (d) impinge on the rights of defendants and potentially worsen their outcomes.
 

First, bail exists for a compelling reason - to provide yet-to-be adjudicated defendants the opportunity to be released pending trial and participate in their own defense, while providing society with "surety" that the accused will appear, comply with court conditions, and desist from. misconduct including re-offense. Monetary bond - rooted in millennium-old practice - endures because it balances well the defendant's interests in liberty with those of society in safe ty and assures the accused will appear to face  justice under law. Second, abolishing that available and often appropriate mechanism for bail­ setting disrupts court functions as defendants are less likely to appear in court and more likely to engage in pretrial misconduct.