Policing

Administrative Issue in Policing: Pre-trial Detention and Bail Disparities

1. Introduction

Theory/Thesis: Unequal access to bail creates a two-tiered justice system where individuals with financial resources are able to secure their freedom while awaiting trial, while those without languish in jail. This pre-trial detention disproportionately impacts low-income individuals and communities of color, exacerbating existing social inequalities.

Importance: This issue undermines the principles of fairness and equal protection under the law. Pre-trial detention can lead to job loss, housing insecurity, and disrupted family ties. Additionally, individuals held in pre-trial detention are more likely to plead guilty, even if innocent, simply to be released from jail.

2. Review of Relevant Literature

• Vera Institute of Justice (2020): A study by the Vera Institute found that nationwide, nearly half (46%) of people in jail are pre-trial detainees who haven't been convicted of a crime.
• Brennan Center for Justice (2021): Research by the Brennan Center highlights racial disparities in pre-trial detention, where Black and Latinx defendants are more likely to be detained than white defendants facing similar charges.
• National Academies of Sciences, Engineering, and Medicine (2021): A report by the National Academies emphasizes the negative consequences of pre-trial detention, including increased recidivism rates upon release.

3. Issues and Conclusions

• Issue 1: Financial Disparity: The current cash bail system disadvantages low-income individuals who cannot afford to pay bail, even for minor offenses. This creates a financial barrier to freedom.
• Issue 2: Racial Bias: Racial bias in the criminal justice system can lead to discriminatory bail decisions, further marginalizing minority communities.
• Conclusion: The pre-trial detention system is broken. It is not risk-based but wealth-based, leading to unnecessary incarceration and perpetuating social inequalities.

4. Recommendations for Change

• Risk-based Bail: Implement risk-assessment tools to determine pre-trial detention based on the likelihood of flight or danger to the community, not financial resources.
• Pretrial Release Programs: Expand the use of pretrial release programs that provide supervision and support services for defendants awaiting trial.
• Eliminate Cash Bail: Consider abolishing the cash bail system altogether and replacing it with a system focused on risk assessment and public safety.
• Racial Profiling Training: Provide mandatory racial profiling training for law enforcement and judicial personnel to address implicit bias in bail decisions.

Conclusion

The current pre-trial detention system is a critical administrative issue in policing and courts. Reforming this system to be fairer and more equitable is essential to ensure equal justice for all. By implementing risk-based bail, expanding pretrial release programs, and addressing racial inequalities, we can create a more just and effective criminal justice system.