Strauss-Kahn's Bail: A Bad Deal

A New York court’s decision to grant bail—even under very strict terms--to Dominique Strauss-Kahn is unfair, raises the real possibility that he’ll flee, and poses a bona fide danger to the public.

The unfair part first: Strauss-Kahn simply would not have gotten bail at all if he were a person of ordinary means or even, say, a “penny” millionaire.  The bail, $1 million cash and a $5 million bond is something that hardly anybody can muster (how many millionaires, even, have $1 million cash lying around?) People accused of violent crimes with strong evidence against them rarely get bail at all and the judges appeared to have been rolled over by the very large bail allowed. O.J. Simpson who, unlike Strauss-Kahn, was instantly recognizable didn’t get. Given that any conviction will probably result in Strauss-Kahn dying in prison and losing assets not spent on his defense in a civil case, however, the loss of assets may not be enough to keep him.

Second, it seems difficult to rule out the possibility that Strauss-Kahn will flee. He has no ties whatsoever to New York and few to the United States. Most French, against all evidence that has come out so far, appear to believe that he is innocent. Even if the French Republic declines to shelter him (and it has sheltered plenty of accused American sex criminals in the past), however, it seems almost certain that some place will. Besides the chief foreign relations officials of the world powers, it’s unlikely that anybody knows as many world leaders as Strauss-Kahn. He certainly has the means and connections to escape.

Third, there’s a good case that Strauss-Kahn represents a bona fide public danger. There’s significant evidence he carried out a forcible, rather brutal sex crime in an impulsive manner and plenty of allegations that he’s done it before. What’s to stop him from doing it again?

The bottom line: Strauss-Kahn is free on bail only because he is wealthy and privileged. He’s both dangerous and likely to flee and should stay in jail until he comes to trail.

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