Law

Money bail undermines criminal justice goals

Money bail is the most prevalent form of pretrial release across the United States.

Jailed since September for a misdemeanor he didn’t commit, Corey Ladd finally walked out of jail last week.

He was freed because his mother scraped together the $2,500 needed to bail him out —

and because an organization she founded 14 years ago paid his $15,000 bond.

The first step of the criminal justice system ought to be setting people free.

But money bail keeps some Americans locked up as they await trial.

And the United States has the largest incarcerated population in the world.

So those who can’t pay are likely to see some time behind bars.

Money bail in the United States undermines basic tenets of justice.

And potentially makes many innocent people plead guilty.

An issue that has gone largely unquestioned despite its profound effects on individuals and society.

These views are expressed by Cherise Fanno Burdeen, executive director for the Pretrial Justice Institute,

in a chapter she wrote for a forthcoming book “Unjust Bail” being published by the American Bar Association.

She argues that money bail is unfair to poorer defendants, puts them at risk of losing jobs or homes,

And creates incentives for guilty pleas because many people can’t afford bail.

The result, she writes, is higher rates of conviction and sentence recommendations compared.

With defendants given release first step of the criminal justice system ought to be setting people free.

But money bail keeps some Americans locked up as they await trial.

And the United States has the largest incarcerated population in the world.

So those who can’t pay are likely to see some time behind bars.

A wealth of research findings shows how jailing low-risk defendants awaiting trial can undermine public safety.

By destabilizing families and communities, increasing recidivism, imperiling employment, diminishing mental health, and destabilizing housing.

Money bail also disproportionately impacts low-income people of color.

The United States incarcerates more people than any other country in the world, including those who are too poor to pay for their release pending trial.

A recent study found that an astonishing 60 percent of defendants nationwide are detained at least temporarily because they cannot afford money bail.

People of color are particularly vulnerable to pretrial detention because of black.

And Hispanic poverty rates are nearly twice as high as white poverty rates.

Leaving them with fewer resources to purchase their freedom before trial.

The harms caused by money bail are compounded by the fact that there is little evidence demonstrating.

its effectiveness at ensuring either public safety or appearance in court on scheduled dates.

Texas has found that money Bail Bond Services actually increases risks to public safety and affects case outcomes.

Money bail has created a “two-tiered system of justice

It detains the poor but allows those with money to go free.

Courts relying on this form or pretrial imprisonment face increasing pressure from their communities, policy-makers.

  • Researchers alike for reform in an effort to ensure safety while also ensuring appearance at court proceedings as required by law.
  • A recent study published by Stanford Law Review found evidence showing how too much time was spent locked up.
  • Before trial reduces prospects for successful rehabilitation among lower-income populations.
  • Major goal courts have sought through commercial bail systems like those relying heavily upon cash payments
  • Made even prior arrests rather than personal recognizance bonds (PRs).

This year in Texas, a federal judge ruled that Harris County’s misdemeanor bail.

The Bail Bond Services system disproportionately impacts indigent residents and violates the Constitution.

Consistent with what we now know about our new study.

  • 8 million payments to the state in the final step of overturning Maryland’s failed cash bail system.
  • For people charged with crimes while awaiting trial, officials said Thursday.
  • Harris County officials have been releasing pretrial detainees and implementing a new risk.
  • year stay at Rikers Island. The 16-year-old Browder was accused of stealing a backpack in 2010.
  • And spent the next three years at the New York City jail complex because his family couldn’t come up with $3,000 to free him on bail.
  • For two of those years, Browder was held in solitary confinement.
  • His case never went to trial and was ultimately dismissed after another man confessed.

The Prison Policy Initiative filed an amicus brief supporting these initial decisions made in July 2018

  • While other organizations like Civil Rights Corps joined alongside them soon before filing briefs that same month supporting how well planned each one is to see-through nowadays.
  • This study provides a rigorous analysis of these issues with depths that make it lengthy but well worth your time!

Major downstream effects discussed include:

  • The bail system is unfair and has many negative consequences for pretrial detainees.
  • They can lose their liberty, be denied employment or housing, and spend time in jail before even getting a chance to go on trial!
  • The authors of this study found that people who posted bonds within one month were more likely than others.
  • After posting the money–to get charged with an additional crime while awaiting release.
  • Meaning you’re risking twice as much if your pre-trial stay stretches beyond 14 days (or three times as much?)
  • Thus proving it compromises public safety as well and should no longer exist.
  • The researchers compared those unable or unwilling by posting funds required versus waiting until asked for at any time prior.

Finding many societal issues arise because individuals don’t have enough information.

When given such situations; this leads them into making poor decisions which lead back onto themselves

A new study finds that pretrial detention can lead to a biased outcome in the courtroom.

The researchers found it increases the likelihood of jail time and guilty pleas from misdemeanor defendants.

While those who had their freedom restricted didn’t face any negative consequences as they awaited trial.

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