Cash Bail has a negative impact on those who are incarcerated. This may cause people to be harsher on the defendant and to assume their guilt. Furthermore, many people wind up pleading guilty to a crime they did not commit in order to get out of jail faster. The use of Cash Bail allows for people to remain free while their cases work their way through the system.
Cash Bail makes it possible for anyone accused of a crime to stay out of jail pending trial. It is up to the defendant to come up with the money needed for his or her release. If the defendant cannot pay this amount, he or she will have to sit in jail awaiting trial.
People do not have access to all the information about their case that prosecutors do. They have no way of knowing what evidence can be used against them or how much damage any one piece of evidence might cause. By allowing defendants to remain free while their cases work their way through the system, Cash Bail helps ensure that everyone gets a chance to defend themselves.
Additionally, Cash Bail prevents people from being held without charge or trial. Everyone deserves the opportunity to face their charges and begin their journey toward rehabilitation or incarceration. The presence of cash bail ensures that this possibility remains available to everyone, regardless of their financial situation or the severity of the alleged offense.
The use of cash bail impacts poor individuals more than it does others.
The most obvious problem with cash bail is that it criminalizes poverty. For example, under this system, a poor person might be arrested for a nonviolent misdemeanor, such as drug possession or a traffic infraction, and held in jail for months (or longer) because they cannot afford bail. When released, they will likely be unable to find work due to the stigma attached to their arrest record, which may prevent them from getting housing or a driver's license.
In addition to being unfair, cash bail is expensive. The country spends about $7 billion per year locking up low-level offenders. Many studies have shown that this practice does not reduce crime but rather causes harm by keeping people trapped in the criminal justice system. For example, one study conducted by the Pew Charitable Trusts found that providing an alternative to incarceration for low-level offenders could save up to $63 million per year by reducing future arrests and court appearances.
Another study showed that if all black men, who are disproportionately affected by cash bail systems, were able to get out of jail on their own recognizance, it would cut the national prison population by 40%. This analysis also estimated that if everyone had access to pretrial release, the nation's financial burden would be reduced by $5 billion annually.
Finally, there is evidence that suggests that the use of cash bail practices creates incentives for police to arrest people of color.
What's the problem with cash bail? Cash bail promotes disparities in the judicial system that disproportionately affect communities of color and the poor. Even a few days in jail can result in the loss of a job, housing, and even custody of one's children. Additionally, there are no real safeguards against abuse or corruption within the bail system. The only way to fight back against these issues is not to pay the price for being caught up in them.
In order for there to be an expectation that someone will show up for their court date, they must be able-bodied and able to pay the required amount. This means people who are sick or have trouble paying may not be given the opportunity to clear their names. In addition, people who are poor may find it difficult to make bond before their case is heard. If they are unable to do so, they will remain in jail awaiting trial.
There are several ways around this issue. First, consider using cash instead of money orders or checking accounts when posting bail. This will help prevent its misuse by those who know how to manipulate the system. If you cannot afford to post bail, look into community support networks that may be able to help.
This is why. People who cannot pay bail are held while awaiting trial under the cash bail system, which criminalizes poverty. As a result, cash bail reinforces injustices in the legal system that disproportionately affect black and brown populations, as well as those living in poverty.
Black people are arrested for crimes at higher rates than white people but are more likely to face jail time without charge or an opportunity to prove their innocence. Research also shows that blacks are more likely to have their possessions seized and lose their jobs because of it. The cash bail system is one reason why there is a racial disparity in the justice system.
The cash bail system also hurts poor people. If you can't afford to pay bail, you will remain in custody. This means losing your job, missing work appointments, and potentially being kicked out of your home. All of this stress affects how well you can defend yourself when you go to trial. It also increases the risk of committing more crimes while you're waiting for your day in court.
Finally, the cash bail system is expensive. States that limit or abolish cash bail use alternative forms of security instead, such as property bonds or credit checks. These methods are less profitable for courts and private companies to pursue, so they often require more people working together to secure release from jail.
In essence, the cash bail system criminalizes poverty by detaining those who cannot pay bail for weeks or even months while they await trial. It also creates an incentive for judges to find ways to deny bail, leading to longer pretrial detention.
The American Civil Liberties Union has called cash bail "a form of oppression that affects millions of people across the country." The organization has been involved in efforts toward reform at both the state and federal levels.
At the state level, several jurisdictions have passed legislation aiming to eliminate cash bail for most offenses. These laws typically require courts to hold individuals without money until they can be released on their own recognizance (OR) or through the use of an alternative form of security like a house arrest device or personal bond. Some states have also taken steps to limit the amount of money that can be required as bail.
In addition to banning cash bail, some states have also implemented mandatory detention programs designed to ensure that people accused but not yet convicted of crimes remain in jail pending trial. About half of all states allow judges to order defendants awaiting trial to jail indefinitely, without charge or hearing. Other options include requiring that defendants post bond or hire private attorneys if they can't afford one.