Detroit Cash Bail Reforms to Strike at Racial Inequality

• Link: AP News: https://apnews.com/article/lawsuits-race-and-ethnicity-racial-injustice-michigan-detroit-76a38e8bd1c0432103068d0837aa2a0b
• Date: July 26, 2023

Shocking Statistics:

• In Wayne County, Michigan, which includes Detroit, nearly three-quarters of those jailed are Black, a proportion much higher than their share of the population.
• Nationally, bail amounts are 34% higher for Black men and 19% higher for Latino men compared to their white counterparts.
• As a result of the cash bail system, many people are held in jail pretrial, even though they have not been convicted of a crime. This can have a devastating impact on their lives, leading to job loss, housing instability, and family separation.

Role of the Prosecutor:

Prosecutors play a critical role in addressing racial disparities in the bail system. They have the discretion to recommend bail amounts to judges, and they can also advocate for reforms to the bail system.

In Detroit, the prosecutor’s office has agreed to new reforms that will limit its ability to impose unaffordable bail on defendants. The reforms also require the court to consider a defendant’s race and ethnicity when setting bail, and to provide bail redetermination hearings if a defendant’s bail is unaffordable.

Prosecutors can also play a role in reforming the bail system more broadly. They can advocate for legislation that eliminates or reduces the use of cash bail, and they can work with judges and other stakeholders to develop more equitable bail practices.

Why the Statistics Shocked Me:

I was shocked by the statistics on racial disparities in the bail system because they show that the system is fundamentally unfair. It is unacceptable that people of color are more likely to be held in jail pretrial, even though they have not been convicted of a crime.

This injustice is caused by a number of factors, including racial bias among prosecutors and judges, and the fact that poor defendants are less likely to be able to afford bail.

The consequences of being held in jail pretrial can be devastating. People who are held in jail are more likely to lose their jobs, their homes, and their families. They are also more likely to be convicted of crimes, even if they are innocent.

What Can Be Done?

There are a number of things that can be done to address racial disparities in the bail system. One important step is to eliminate or reduce the use of cash bail. This would ensure that people are not held in jail simply because they cannot afford to pay bail.

Another important step is to reform bail practices to make them more equitable. This could include requiring prosecutors to consider a defendant’s race and ethnicity when setting bail, and providing bail redetermination hearings for defendants who cannot afford their bail.

Prosecutors can also play a role in reforming the bail system more broadly. They can advocate for legislation that eliminates or reduces the use of cash bail, and they can work with judges and other stakeholders to develop more equitable bail practices.

Conclusion:

The cash bail system is fundamentally unfair, and it disproportionately harms people of color. Prosecutors have a critical role to play in addressing this injustice. They can recommend fair bail amounts to judges, advocate for reforms to the bail system, and work to eliminate racial bias in the criminal justice system.

2000 Word Discussion:

In addition to the above, I would like to discuss the following issues in more detail:

• The impact of the cash bail system on poor defendants:

The cash bail system disproportionately harms poor defendants. Many people cannot afford to pay bail, even for minor offenses. This means that they are held in jail pretrial, even though they have not been convicted of a crime.

Being held in jail pretrial can have a devastating impact on people’s lives. People who are held in jail are more likely to lose their jobs, their homes, and their families. They are also more likely to be convicted of crimes, even if they are innocent.

• The role of racial bias in the bail system:

Racial bias plays a significant role in the bail system. Black and Latino defendants are more likely to be held in jail pretrial, even when they have the same criminal history and risk factors as white defendants.

Racial bias can manifest itself in a number of ways. For example, prosecutors may be more likely to recommend high bail amounts for Black and Latino defendants. Or, judges may be more likely to set high bail amounts for