Should we get rid of cash bail? Can the justice system function without a practice that encourages court appearances?
Abolishing cash bail would help fight against the discrimination that people of lower income and minorities face in many elements of the CJS. Not having enough money to make bail would no longer be a disadvantage and those not yet proven guilty could remain living normally.
But without money involved, would the motivation for appearing in court disappear? Would court attendance rates drop if we abolished cash bail? Research indicates that cash bail does not contribute to a meaningful increase in court attendance.
Abolishing cash bail would direct taxpayer money to objectives more useful than keeping innocent defendants incarcerated and would devalue the private prison industry that profits off these vulnerable people’s sufferings.
Abolishing cash bail would discourage innocent people from taking a plea deal. Without being incarcerated while awaiting a trial, more might go to court instead of bargaining with the prosecutor. Thus the defendant is stripping some power from the prosecutor (which you will know from my other posts is a big win in my opinion), but also from the judge (who could have insight into whether or not a defendant might be too dangerous to go home after being charged).
So far the good of abolishing cash bail seems to outweigh the bad, but it’s hard to tell until it happens. In September 2023, Illinois became the first state to abolish cash bail for criminal cases. I’ve looked for some data or results so far, but without even being a year into the experiment, it seems it’s too early to read the impact. Other places like New York and New Mexico have implemented partial reforms and have seen positive results. As long as bail reform keeps producing positive change, we must keep promoting it! The ultimate goal of spreading the word is to see more widespread implementation. States are already heading in the right direction and I am excited to see that trend continue.
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