Question: The cash bail system has a particularly harmful effect on low-income individuals. For many defendants, especially those who cannot afford to pay bail, remaining in
- The cash bail system has a particularly harmful effect on low-income individuals. For many defendants, especially those who cannot afford to pay bail, remaining in jail while awaiting trial can result in a number of negative consequences. Individuals who are incarcerated pretrial often lose their jobs, struggle to maintain housing, and face challenges in accessing legal counsel. These consequences can worsen the person's situation even before a trial has taken place, and in some cases, the individual may plead guilty just to avoid the prolonged uncertainty and hardship of pretrial detention.
- The inequities in the cash bail system are stark when we consider the financial realities that many defendants face. Bail amounts are often set without regard to a person's financial situation. As a result, individuals who cannot afford bail are more likely to remain in jail while awaiting trial, while wealthier individuals are able to secure their release. This creates a two-tiered system of justice, where those with the financial means are treated more favorably than those who lack resources, regardless of the presumption of innocence that should apply to all defendants.
Sources that connects these to the bail reform act of 1984.
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