The Bernie Bailout

At the end of last week I wrote a piece about why Madoff should stay out on bail. Over the last two decades pre-trial detention in the federal court system has gone from its age old purpose of preventing flight to a routine tool used by prosecutors to increase the pressure on defendants and in essence a way of getting to the punishment before the conviction. Up to a few hours ago, amid the anti-Madoff braying, my view was seen as an eccentric outlier. But it has turned out to be the view of the judge as well--a very good thing indeed for the rights of the accused, most of them less wealthy and well-lawyered than Bernie.