Classism in the Bail System
A system designed to give reprieve to the accused has wound up straying far from itself. Upfront, one may see the bail system as merciful, but in actuality, it has fallen victim to prejudiced biases. The bail system was created to let an arrested individual out of jail while awaiting their trial. Bail works as a sort of safety net if they decide to flee before the court case takes place. However, the determination of bail price and the system itself is classist, even on a surface level. In fact, it is so evident that many are planning bail reform now. If we were to get rid of this system and replace it with a system more friendly to the average person, we would be able to achieve more fairness in the bail system. Bail is far more important than it may seem; it can prevent someone from staying in a jail cell in perpetual legal limbo for long periods of time. The alternative can cause a range of problems, especially for most working people. These are the same people who also struggle to meet bail requests, proving furthermore why the bail system is inherently classist in nature.
Expanding on the bail system, the option to post bail is given in only some cases. Usually, the option of bail is omitted only when releasing the person may be a danger to others. If bail is given, the money is held until the person arrives at their trial. Otherwise, they will lose the bail money. However, bail money is not always given back in full, usually being taxed with fees beforehand. There is also an option to have an unsecured bond, where an individual must write out a legal promise stating they will pay bail if only after they do not show up to court. Without bail, the incriminated would stay behind bars for an unknown amount of time. The reason criminals are held there instead of going straight to court is because of one simple fact–the court dates are not always immediate. Of course, the court is legally bound to see them initially within the first 48 hours; however, these court procedures usually only determine some charges (such as bail). Further court decisions are often pushed back.
The classism in the bail system is rooted in the fact that the lower class often can not afford to pay bail. Bail can be thousands of dollars, which simply is not reasonable for the average working person. Of course, the wealthy do not have this problem. The rich receive a slap on the wrist instead of a major financial setback. With no other choice, the financially unfortunate are stuck awaiting trial for an undefined amount of time. This raises several issues for them. Being stuck in jail means losing your job, which also affects the accused’s family. This only makes the poor poorer. Jail also takes a heavy toll on one’s health. Some individuals who get arrested may take a plea deal, regardless of whether they are guilty or not, just to get the proceedings over with. Many more people also commit suicide while awaiting trial. In fact, between 2008 and 2019, almost 5,000 people died in pretrial detention, excluding smaller U.S jails. In addition, a study called "Racial Bias in Bail Decisions”, it found a recurring pattern of African-Americans receiving a higher bail amount than their white counterparts. Looking closer, it seems that racial minorities receive higher bail, showing that the bail system is unfair in more ways than one. With all these pitfalls regarding bail, it showcases our urgent need for reform.
Some states in the U.S have already begun their journey in reforming the bail system. However, we are still a long way from truly fixing the system altogether. Some common alternatives for bail include supervised probation, text message monitoring, or an electronic monitoring device. The point of bail is to force detainees to show up to court, which these alternative methods still can accomplish. The main issue with using monetary methods is that they do not provide equal stakes for everyone, as money is far less indispensable to some than others. Allowing the accused to continue living their lives eliminates complications for them, as well as freeing up jail space for convicted prisoners. In places where this reform has started taking place, such as New York, critics have started to question whether this practice would increase crime rates. Surprisingly, there was no strong connection between the increase in crime rate and bail reform. This trend has remained consistent since 2019, when the reform first started. With all the possible courses of action to take and little to no drawbacks, it is astonishing how the vast majority of states still have not fully implemented a form of bail reform.
To conclude, our current bail system is not fair to the different classes of people. It is not equal in what it asks of the incarcerated, and will continue to be biased without proper reform. It is not an affordable expense, and forces those who can not pay to suffer in jail for undisclosed amounts of time. If we were to follow the lead of the few states that have started to implement bail reform, we would find many possible alternatives. This would also benefit the state, as it frees up space for proven criminals. Getting rid of this classist way of law would be a step in the direction of a fairer future.
Bibliography
“Cash Bail Studies Reveal Racism, Classism in the System.” Sentencing.net, 3 July 2020, sentencing.net/legislation/cash-bail-studies-reveal-racism-classism-in-the-system.
Gabriella Sanchez et al. “Debunking Myths about Bail Reform and Crime.” Brennan Center for Justice, 15 Aug. 2024, www.brennancenter.org/our-work/research-reports/debunking-myths-about-bail-reform-and-crime.
Grawert, Ames, and Noah Kim. “The Facts on Bail Reform and Crime Rates in New York State | Brennan Center for Justice.” Www.brennancenter.org, 22 Mar. 2022, www.brennancenter.org/our-work/research-reports/facts-bail-reform-and-crime-rates-new-york-state.
“Pretrial Deaths in Custody Are Prevalent but Preventable.” Urban Institute, www.urban.org/urban-wire/pretrial-deaths-custody-are-prevalent-preventable.