Hello Everyone,
Bail reform is something that a lot of states have been looking at lately with several
adopting a no bail policy for most crimes committed. I believe changes need to be made to the system to make it a more equal and fairer process, but I do not think no bail is the answer. Over time, the bail system has criminalized poverty, by making people who are unable to afford bail remain detained as they await trial for weeks or even months. Bail perpetuates inequities in the justice system that are disproportionately felt by communities of color and those experiencing poverty (Hunter, 2020). Except for individuals that commit violent, heinous crimes, who should have either a high bail or detained without bail, reform needs to be made.
One idea I like, and it is one my state uses, is released on recognizance which requires that someone accused of a crime promise to return to court and not commit a crime while on release (Hopkins, et al, 2018). Evidence has shown that for most people this condition is enough especially for first-time offenders. Another idea toward bail reform that is something mentioned in the federal Bail Reform Act is following the principle of parsimony (used in sentencing) which means that penalties should be no more severe than necessary to serve the state's legitimate interests. In other words, restrictions on an accused individual's liberty, whether by detention or release conditions, constitute harms that must be limited to what is necessary to serve the pretrial goals of those restrictions: appearance in court and the safety of the community Hopkins, et al, 2018). A third idea would be the use of risk assessments (formulas or algorithms) in lieu of bail to predict an individual's probability of appearance in court along with their risk of reoffending pretrial. This eliminates judges and prosecutors relying on preconceived ideas and gut feelings to impose harsh pretrial conditions, including incarceration and unreasonable bail (Hunter, 2020).
Everyone is afforded the rights of equal justice and innocent until proven guilty, but in today's times it does always seem to be that way. An individual spending just a few days in jail because they cannot afford bail can lead to them losing their job, housing, and even custody of their children. Pretrial detention can essentially increase a person's chances of being arrested again upon release, continuing an endless cycle of arrest and incarceration. The bail system often leads to the imprisonment of non-violent people who do not pose a threat to public safety
Hopkins, B., Bains, C., & Doyle, C. (2018). Scholarly Commons: Northwestern Pritzker School of Law. Journal of Criminal Law and Criminology. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7639&context=jclc
Hunter, L. (2020). What You Need to Know About Ending Cash Bail. Center for American Progress. https://www.americanprogress.org/issues/criminal- justice/reports/2020/03/16/481543/ending-cash-bail/