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The week's question
In March 2025, in the thread "Re: OT, out", Umm asked the members: "Do you think it is because America is made up of magical soil that makes businesses based in America magically profitable?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Author: albaby1 ✶❂🐝 GOLD
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Number: of 86289 
Subject: Re: Sir Dope1
Date: 07/26/23 5:09 PM
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And in blue cities, increasingly they're not held for trial. So they go out and reoffend.

Yes - because you can't just be "held for trial." Because that's being "imprisoned without conviction." If you haven't been convicted of a crime, you can't have a punishment imposed (being locked in a jail) before the trial.

There are exceptions. If prosecutors can demonstrate that you're a flight risk, they can take measures that will ensure that you will show up when required. Only in certain, very specific instances will those measures include pretrial detention - usually you can avoid pre-trial detention by posting bail, and you have a constitutional right that such bail not be "excessive."

Again, this is an essential and unavoidable consequence of personal liberty. Perhaps the most significant state power is the ability to incarcerate you. For all the concern about deprivations of personal liberty that get discussed at length in political conversations, virtually no action by the State results in a greater loss of more liberties than being imprisoned. So you have rights against the state to keep them from being able to imprison you without a trial - which includes not being imprisoned for the time between being accused of a crime and the trial on that accusation.

Albaby
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This community has written 86,214 posts about US Policy. The article-length ones it recommended most:
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