Email Comments by a top judge in New York have reignited a debate over whether the bail system in the United States should be reformed or replaced.
In May, the tech giants announced they will no longer permit the bail bond industry to broadcast ads on their platforms. They stated that enabling an exploitative industry that preys on low-income communities and people of color is a breach of their terms of service.
Currently, the majority of people held in American jails are awaiting trial The commercial bail industry and its big insurance backers hover over the American criminal justice system, siphoning wealth and opportunity from poor communities.
To pursue a just legal system that does not discriminate based on income level and wealth status, America must end its reliance on cash bail and prohibit the use of commercial bail bonds. Currently, the majority of people held in American jails as opposed to state and federal prisons are awaiting trial — people our criminal justice system presumes to be innocent.
Low-income individuals and people of color face greater difficulties posting bail and securing pre-trial release. Private lender agreements often require people to pay bail companies steep fees and can trigger high interest rates when a payment is late, pushing people already in financial distress further into debt.
Lending terms often translate into the ongoing extraction of wealth from black and Latinx people, who are already prone to discrimination in hiring and lending. The fees they incur when entering into agreements with private bond agents are non-refundable.
If charges levied against these individuals are dismissed or they are found not guilty, many of the costs they incurred to secure their freedom can never be recovered. Private bond agents, who serve as the payday lenders of American criminal justice, are able to thrive because of their ties to big insurance.
Global insurance companies financially back mom-and-pop bond shops and are only ever responsible for paying bail as a last resort. The lending terms imposed by the bail bond and insurance industries allow these industries to prosper off the backs of the poor.
However, that is not the case. Companies like Continental Heritage of Florida did not report a loss for over two decades. Efforts to reform the pre-trial justice system are being advanced across the United States through litigation, federal, state and local legislation, judicial bodies, district attorneys, and state executive branches.
Such reforms are both humane and smart policy. Studies have linked the pre-trial detention of people arrested for low- and moderate-level crimes to an increased likelihood of recidivism. That means advancing policies — including ending the use of cash bail — to ensure no person is detained or forced into crippling debt merely because they do not have the financial means to buy their way out of jail.
Vijay Das is a writer and senior campaign strategist at Demos. He writes on social, economic and criminal justice issues. Naila Awan is a human rights lawyer and counsel at Demos Topics.“[T]his is the direst time our industry has ever faced,” wrote Beth Chapman, president of the Professional Bail Agents of the United States (and Dog the Bounty Hunter’s wife), in her July.
Claim: "Only Duterte’s Philippines and Trump’s United States of America have money bail."Mostly True. The bail system used in the united states of america · This the bail system used in the united states of america is the first article in Rewire‘s two-part series on the cash bail system.
The Bail System Used in the United States of America PAGES 2. WORDS View Full Essay. More essays like this: Not sure what I'd do without @Kibin - Alfredo Alvarez, student @ Miami University. Exactly what I needed.
- Jenna Kraig, student @ UCLA. Wow. Most helpful essay resource ever! Money bail is the most common form of bail in the United States and the term "bail" often specifically refers to such a deposit: 2 but other forms of pre-trial release are permitted; this varies by state.
Bail in the United States refers to the practice of releasing suspects from custody before their hearing, on payment of money or pledge of property to the court which may be refunded if suspects return to court for their trial.
Bail practices in the United States vary from state to state.