Bail System Research Paper

The United States bail system was built based on a system that was created in England during the Middle Ages and has evolved since then to what we know today. It still holds flaws that should’ve been settled a long time ago. Many believe that it’s needed because criminals might be a flight risk or a threat to public safety. Although that may be true, there are many cases where it’s exploited against the poor and utilized to the sole purpose of benefiting the rich. There are many other alternatives that have been proposed to put an end to our bail system, that at the same time will save taxpayers money and put an end to our useless Money Bail System. Change is essential as humanity continues to advance forward in life, nothing stays the same

as time goes by. Things that may have worked in the past might not be as successful or useful in the present because things are no longer the same, everything changes and so should our bail system. A person’s financial stability shouldn’t determine their freedom, that is what you call being unfair. It would be understandable if everyone were receiving the same payroll, but that’s not the case. Poverty roams everywhere we go and yet our bail system benefits those that have money. However, our bail system doesn’t just affect the poor it affects everyone in society. There are many consequences that come as a result of how our bail system is currently setup. The need for bail reform should be a requirement rather than a debate, many are suffering do to the unfairness and flaws our current bail system holds.

Why don’t we first start off with a few reasons why our current Bail System is unfair towards those with limited financial stability. For many Americans bail is not an option, not because they don’t want to pay it, but because they just cannot afford it. “The Bureau of Justice Statistics data show that average bail amounts have increased by over $30,000 between 1992 and 2009”. According to the Eighth Amendment there shouldn’t be any type of excessive bail. However, in the past few years the opposite has been happening. Money bail just keeps increasing and most citizens cannot cope with these changes because they don’t have the resources to pay for that kind of money. As a result, many innocent defendants spend time in jail affecting their entire life. Just one day in jail can destroy a person’s entire life, most jobs will fire anyone who is constantly absent. Not only that though, being in jail increases stress which subsequently increases the likelihood of innocent defendants pleading guilty because of all the pressure they are being imposed to. This leads to many wrongful convictions which mainly impact communities of color. Our criminal justice system cannot function if plea bargaining was not an option, “more than 95% of the cases each year” are resolved by simply depending on plea bargaining to get rid of them. Which really makes you wonder, How many innocent men and women have we placed behind bars because we are so stubborn to change an ancient bail system?

Furthermore, Pretrial detention puts a burden upon any defendant that is awaiting for the results of their trial.

Nevertheless, It doesn’t just affect them. It affects their family and the community they are in. Spending time in jail before trial puts individuals in a dreadful situation which increases stress and financial problems including loss of employment, education, and even housing. Individuals who are sitting in jail are usually thinking that fragments of their lives are still unfolding while they are not present which creates fear and extreme worriness. Incarceration is not something that everyone can handle. Defendants that have never been in jail before are in a new environment that they are just not used too and aren’t comfortable in which really puts them in a gloomy hole, defendants that cannot post bail are at a disadvantage when it comes to helping their attorneys. Which is another way the rich benefit from having a Money based bail system. Families also suffer because of how our system functions. Putting a family member in jail until their trial is over may take months and sometimes longer. Which puts many families in unforeseen situations. Most families aren’t stable enough to deal with such a problem. Especially color communities. Pretrial detention increases the the chances of a conviction. Just by knowing this is enough for any person to realize that our bail system is increasing convictions in poor communities which as a result increase prison population and create irreversible damage to a person’s life. Many individuals who are in jail awaiting for trial are only thinking about regaining their freedom and have spent too long in jail, when prosecutors threaten and tell defendants that pleading guilty will get them a lesser punishments it leads to many of them taking the deal. They spend so long in jail that their minds get used to the mentally that they just want to get out no matter what, even if they are innocent they are still likely

to take the deal just to increase the odds of getting out of the horror.
Our current bail system favors those with money, meaning that those individuals that are able to post bail get a pat on the back and those that can’t are thrown under the bus. Just by understanding this how can anyone still believe that this system is in anyway fair. Communities of color are being discriminated by the way our bail system functions. Rich folks don’t have to go through the struggle of being behind bars for months and having crippling depression. “A money-based pretrial system poses inherent disadvantages to people of color living in poverty”. The only people benefiting from a Money based bail system are rich folks. One of the things that is usually used to protect our bail system is saying that it helps protect our society against criminals that might pose a threat to public safety. However, data proves otherwise. “Our data shows that low-risk, non-violent defendants are frequently detained.” and “our research has shown that defendants who are high-risk and/or violent are often released.” This really validates the point that our bail system is not an effective way to provide public safety. Many individuals that commit felonies such as murder are bailed out because they have the resources to do so. According to one of the most devotional principles of the Criminal Justice System everyone is innocent until proven guilty and if that is true then why are innocent defendants hold behind bars when they are still not guilty. Many will say that it’s to protect our communities because we don’t know if he or she is actually innocent. However, our bail system is currently letting many go simply because they have the money. There should be another way to determine whether someone should be kept in jail not based on money.

Money Bail makes taxpayers waste money unnecessarily, by having a system that most people cannot afford it increases the odds of people being sent to jail increasing the money being wasted because now they are not providing any benefit to society and taxpayers are paying for their day to day life in jail until their trial is complete. “Pretrial detainees account for two-thirds of jail inmates and 95% of the growth in the jail population over the last twenty years.” the only thing our bail system is currently doing is increasing jail and prison population as a result also increasing the money being wasted in mass incarceration. “Taxpayers spend approximately $38 million per day to jail people who are awaiting trial.” If a reform for bail was passed all of this money could be spent on something that would actually benefit our society. Our bail system is mostly good for human population control and wasting money which should change there are many lives torn apart because of justice.