Why not? What is a bond for? It's not supposed to be punitive. Surely it's unconstitutional to punish someone before they're found guilty.
And why is that so absurd in most cases? California has ruled its bail system unconstitutional (
Source) and other states, including New York, are considering following suit.
California Becomes First State To End Cash Bail After 40-Year Fight
How do you define "liberty" then? Is there an unacceptable length of time a suspect can be held without trial? 90 days for a misdemeanor, which is not murder or child rape, but will surely lose a person their job, their house and their kids. If you can't pay the bond solely because you don't have the means to pay, then how is that reasonable?
Why not? What is a bond for? It's not supposed to be punitive. Surely it's unconstitutional to punish someone before they're found guilty.
A bond amount set by the court that a person cannot afford hardly renders the bond punitive. A $50-150 bond for felony theft, where perhaps the value of the stolen item/items is over $500, is hardly punitive, regardless of whether the suspect can post the bond. There is such a low dollar amount that the bond couldn’t be punitive despite the fact the person cannot afford the bond. I’m touching upon a perhaps subtle but important point, there are many factors your argument ignores in setting a bond.
Your argument, despite its appealing simplicity, is flawed because it is too simplistic. The argument that generally setting a bond in an amount the person can afford and a bond amount they cannot afford is punitive and infringement on liberty ignores several other rational factors germane to setting a bond, including an unattainable bond.
Based on your simple equation of X person cannot afford bond=punitive bond and violation of liberty, would result in the pretrial release of a lot of people that may not return given the severity of the criminal charges but minimal bond amount needed to be released from custody. Your argument would also result in the pretrial release of people needed to remain in custody, given the severity of the offense, until their case is resolved.
The fact is, your argument could plausibly undermine, in some instances, a purpose of bond, which is to ensure appearance.
The absurdity of your argument is it ignores many factors germane to setting a bond.
A poor man arrested for murder shouldn’t receive bond in the amount of $100 on the basis he’s destitute, and can only afford a $100, or else his liberty is violated, this view is untenable. Murder is a very serious offense, perhaps the most serious offense, and given the severity, a high bond is needed and justified, even if it’s unaffordable, to ensure he/she reappears and to protect the public.
A subject arrested for the felonies of rape, burglary, felon in possession of a firearm, aggravated battery, child molestation, felony domestic battery, etcetera, aren’t necessarily having their liberty violated when the court sets a bond they cannot afford, given the severity of the charges.
A repeat theft offender, arrested for their fourth felony theft offense in 2 years, shouldn’t be released on their own recognizance when they cannot post any bond, or on a $25 bond they could afford, given their a repeat offender and their priors are close in time to their latest felony arrest. Their prior criminal history can plausibly increase their risk of flight, and their demonstrated inability to restrain their urges for a five finger discount justifies a bond, even if its a meager $75 and they cannot afford it.
A person on probation or serving a sentence when arrested for committing a felony, isn’t necessarily having their liberty violated when a bond amount is posted they cannot afford.
A person with no prior felony convictions but is homeless is not necessarily having their liberty violated when court sets the bond amount the homeless person cannot afford.
My point is the nature of the offense is germane in setting a bond and the bond amount, along with criminal history, whether they are serving a sentence when arrested again for another criminal offense, input from victims, recent criminal history, etcetera, and those factors may result in a bond the person cannot post, but that doesn’t necessarily result in a violation of liberty, and rightfully so.
Infringement on liberty to enforce the criminal code is unavoidable and necessary. There’s no violation of liberty when a person is arrested for a crime and probable cause exists to support the arrest.
Neither is setting a bond violative of liberty as imposition of a bond is a reasonable infringement on liberty, even a bond amount they cannot afford, for the foregoing reasons, when those reasons and factors are applicable.
And why is that so absurd in most cases? California has ruled its bail system unconstitutional (
Source) and other states, including New York, are considering following suit.
So what? The substance of the argument matters, and not whether there is a popular trend developing.