General Discussion
In reply to the discussion: Why are the Jan 6th terrorists being allowed to bail out after being arrested? [View all]MineralMan
(151,079 posts)Most of those recommend bail for misdemeanor offenses. Same thing in state courtrooms. Virtually nobody charged with a misdemeanor offense is remanded into custody.
Felony offenses have different standards, and things like risk of flight, risk of danger to self or others, and other factors are in play.
Arguments could be made that more felony charges should be made, but charges are up to federal prosecutors, not judges, so the judges take them as they arrive and are charged, and act accordingly.
One thing that is not taken into consideration is outrage by people not directly and immediately affected by the charges that are filed.
Why not charge most of them with insurrection or even treason? Because those charges would not result in a conviction in most cases. Treason, for example, is the only crime mentioned in the Constitution. It is the most serious crime against the state there is. That charge is rarely made, for that reason. Insurrection is not a crime that is well-described, so it is difficult to prosecute.
That's why, to answer your question. Is that a good thing? I don't think so, but that is why. Judicial Guidelines.