Cash bail undermines the presumption of innocence

By: Doug James

Outlets: Daily Montanan

Published: May 14, 2026

Words: 833

Last Updated: 2 months ago

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The presumption of innocence: It dates back to Roman law.

It’s in the Montana Constitution.

The accused is “presumed to be innocent,” until proven guilty. Black and white, found in Montana Code Annotated §46-16-204 (2025) and Article II, Section 17, of the Montana Constitution.

It is a fundamental principle of criminal law. The bedrock of our criminal “justice” system. (Quotes intentional.)

Everyone is presumed innocent. It looks great on paper.

In practice, it is more …

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