Further finger fornicating the caselaw on what is merely an administrative measure and what is punishment, today a unanimous three-judge panel held that pre-trial detainees can be charged for their confinement. Slade v. Hampton Roads Regional Jail, No. 04-6481 (4th Cir. May 9, 2005). Although the cost imposed on those who had not been convicted of any crimes was low ($1/day), it was still a charge. The power to demand that you pay one dollar is the power to deman that you pay one-hundred dollars.
It's bad enough that the government sets extraordinarily high bail amounts that ultimately force a defendant to choose between posting bail or retaining his counsel-of-choice. It's bad enough that someone who poses no threat to the community can be thrown in jail before being convicted. But now the government can charge someone for his involuntary confinement. It's like a kidnapper billing a parent for the child's room and board. "It's not punishment, natch, it's a mere recoupment of costs."
