> I don't think much of appealing to definitions, which it sounds like you are doing - this is what bail is, so this is what bail is.
Well, I mean, it’s the legal system, so definitions are literally a foundational piece. Bail is defined in state law as money provided by the defendant to secure appearance at trial. If we wanted to define it as “requiring more money than a defendant is able to provide to keep them in jail”, we could change the law.
But it became both, along with an abusive money-making tool for bail bondsmen. Also, prohibitive bail was much more likely to be requested for minority defendants compared to white.
And from my perspective, I agree that the DA having less control over the decision is a good thing. I was just trying to articulate the background and the position of the people who are anti-reform. I’d be in favor of some objective way of assessing risk of short-term reoffending, and then holding people for some limited time period awaiting dispensation of their case, but only if we can figure out a way to mitigate bias.