Prepping for the joint Acton/Liberty Fund sponsored conference that begins tonight: Religion & Liberty: Acton and Tocqueville, part of Acton’s Liberty and Markets program, I came across the following thought-provoking quote from Alexis de Tocqueville:
The civil and criminal legislation of the Americans knows only two means of action: prison or bail. The first action in proceedings consists of obtaining bail from the defendant or, if he refuses, of having him incarcerated; afterwards the validity of the evidence or the gravity of the charges is discussed.
Clearly such legislation is directed against the poor and favors only the rich.
A poor man does not always make bail, even in civil matters, and if he is forced to await justice in prison, his forced inactivity soon reduces him to destitution.
A wealthy man, on the contrary, always succeeds in escaping imprisonment in civil matters; even more, if he has committed a crime, he easily evades the punishment awaiting him: after providing bail, he disappears. So it can be said that for him all the penalties of the law are reduced to fines. What is more aristocratic than such legislation? (more…)