We Should Bail on the Cash Bail System
California was the first state to eliminate the cash bail system; a system that courts use to determine how much money it would take to release non-violent defendants before their trial. Defendants in California are now released on merit. The new merit system uses algorithms to determine how much of a risk the defendant presents to society. The issue with the cash bail system is that it predominantly affects low-income families and minorities, as they are less likely to afford the bail compared to the wealthy white population. According to the American Civil Liberties Union, there were approximately 700,000 people in local jails in 2015, and most of them had not been formally charged with a crime. We should focus on eliminating cash bail in the rest of the United States and replacing it with a merit-based system that does not target lower economic classes.
Over the past two decades, the use of cash bail has increased, as well as the number of people detained without a conviction. According to the Brookings Institution (2018), the percentage of unconvicted inmates on the state and federal level has risen to about 25% in 2016. Currently, these unconvicted inmates make up 65% of the total jail population, about a 15% increase since 1990. The rise of inmates is a consequence of the increase in arrests over low-level crimes such as drug offenses. Since many inmates are unable to afford bail, they are detained for longer periods of time. This results in prolonged separation from their families and has a negative impact on their personal finances since they are unable to work. Additionally, the Brookings Institution (2018) states that, “compared to white defendants, black defendants are 3.6 percentage points more likely to be assigned bail and on average receive bail amounts that are about $10,000 higher”. Intentionally setting a high bail makes it difficult for lower-income groups and minorities to be released, since it demands a higher percentage of their savings when compared to the wealthier white population.
Eliminating cash bail would benefit people from low-income backgrounds, since a merit-based system would leave the decision to the courts alone. The release of defendants would be decided on whether or not it is safe for them to return to society. These factors would include past criminal history, history of drug use, and employment (Abare, 2018). However, employment can carry potential biases because it correlates with one’s level of education and income class. Strict laws will be needed to prevent these potential biases from harming defendants who fit the low-income class and minority bracket.
The cash bail reform would decrease the number of unconvicted inmates detained in jails while awaiting trial. Instead, the court will ensure that the defendant appears for their trial by imposing a fine if they fail to do so. California’s Money Bail Reform Act (2017) takes steps forward by not punishing people who are unable to afford bail, and by addressing the for-profit bond companies that take advantage of desperate detainees. According to Ouss & Stevenson (2019), under the No-Cash-Bail policy, defendants were no longer requested to pay bail. This policy led to a “...23% increase of eligible defendants released with no monetary or other conditions (ROR), and a 22% decrease in defendants who spent at least one night in jail, but no detectable difference for longer jail stays.” Despite lacking monetary incentive to show up to court, there was no increase in the number of people who failed to attend. The positive results of California’s legislation serve as a role model for other state court systems to follow.
The cash bail system is outdated. It targets low-income communities as well as people of color; two groups that often overlap. We must focus on judiciary reform of the cash bail system towards merit-based systems and end the use of high bail sums to punish people before they are even given a trial.
By Alicia Garcia
Illustrations done in collaboration with the New Media Artspace at Baruch College. The New Media Artspace is a teaching exhibition space in the Department of Fine and Performing Arts at Baruch College, CUNY. Housed in the Newman Library, the New Media Artspace showcases curated experimental media and interdisciplinary artworks by international artists, students, alumni, and faculty. Special thanks to docent Jose Daniel Benitez for creating artwork for this piece.
Check the New Media Artspace out at http://www.newmediartspace.info/