What is bail in the US criminal justice system and what is its purpose?
What are the choices a judge/magistrate has when determining a defendant’s pre-trial status?
Why was there a call for bail reform and what changes were enacted in states that reformed their bail systems?
Identify one issue that you think is a problem in the current bail system in the US and propose a program/law/policy that you think would address that isssue and explain why.
Bail in the US Criminal Justice System
Bail is a financial condition that is imposed on a criminal defendant to ensure their appearance in court. If the defendant fails to appear in court, they will forfeit their bail money. The purpose of bail is to protect the public safety and to ensure that the defendant appears in court to answer the charges against them.
Choices Available to Judges/Magistrates
When determining a defendant’s pre-trial status, a judge/magistrate has a number of choices, including:
Call for Bail Reform
There has been a growing call for bail reform in the United States in recent years. Critics of the current bail system argue that it is unfair and discriminatory. They argue that the system disproportionately harms low-income people and people of color. They also argue that the system is not effective at ensuring public safety.
Changes Enacted in States that Reformed Their Bail Systems
A number of states have enacted bail reform laws in recent years. These reforms have varied in scope, but they have generally focused on reducing the use of cash bail and increasing the use of non-monetary release options.
Some of the specific changes that have been enacted include:
Issue in the Current Bail System
One of the main problems with the current bail system is that it is unfair and discriminatory. The system disproportionately harms low-income people and people of color. This is because low-income people and people of color are more likely to be unable to afford to pay bail. As a result, they are more likely to be held in jail pretrial, even if they are not a danger to the public.
Proposed Program/Law/Policy
One way to address this problem is to implement a universal pretrial release program. This would mean that all defendants would be released pretrial, regardless of their ability to pay bail. Defendants would be subject to pretrial supervision and would be required to appear in court.
A universal pretrial release program would have a number of benefits. It would reduce the number of people who are held in jail pretrial, simply because they cannot afford to pay bail. It would also save money, as it would cost less to supervise defendants in the community than to hold them in jail.
Conclusion
The current bail system in the United States is unfair and discriminatory. It disproportionately harms low-income people and people of color. One way to address this problem is to implement a universal pretrial release program. This would reduce the number of people who are held in jail pretrial, simply because they cannot afford to pay bail. It would also save money.