Last updated on: 3/2/2020 7:53:09 AM PST
Should the US End the Cash Bail System?
People who have been arrested are sometimes allowed to remain out of jail until their court date if they pay cash bail in an amount decided by a judge. The bail is intended to guarantee that they will appear in court, because the government will keep their money if they do not show up as ordered. People who cannot afford bail and do not have collateral for a private bail bond are required to await their trial or court hearings in jail.
Proponents of cash bail argue that the system keeps dangerous criminals off the streets while they await trial. Opponents argue that the system is designed to hurt low-income people of color.
Sources:
Adureh Onyekwere, "How Cash Bail Works," brennancenter.org, Dec. 10, 2019
New York State Unified Court System, "Bail," nycourts.gov, Oct. 31, 2016
Pro (Yes)
Pro
"Cash bail is the modern-day debtors’ prison. The cash bail system incarcerates people who are presumed innocent. And, it disproportionately harms low-income individuals. Biden will lead a national effort to end cash bail and reform our pretrial system by putting in place, instead, a system that is fair and does not inject further discrimination or bias into the process."
Source: Joe Biden, "Justice," joebiden.com (accessed Feb. 18, 2020)
Pro
"There are more just and equally effective ways than cash bail to ensure that a person charged with a crime shows up in court. Judges should have the leeway to detain those charged with very serious crimes and who pose a significant risk to society - so long as detainees are granted a speedy trial, as is guaranteed by the Constitution. We must immediately end the War on Drugs and any other law on the books for which there is no victim. This will help to unclog the justice system as well as end the injustice the drug prohibition causes. It’s time for a drug peace."
Source: Communication from the Jorgensen campaign to ProCon.org on Aug. 26, 2020
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Con (No)
Con
"So sad to see what is happening in New York where Governor Cuomo & Mayor DeBlasio are letting out 900 Criminals, some hardened & bad, onto the sidewalks of our rapidly declining, because of them, city. The Radical Left Dems are killing our cities. NYPD Commissioner is resigning!"
Source: Donald Trump, Twitter.com, Nov. 5, 2019
[Editor's Note: Trump tweeted the above in response to New York ending the cash bail system that released people accused of low-level offenses from jail as of Jan. 1, 2020.
Source: Joseph Spector, "President Trump Joins Critics of New York's End to Cash Bail, while will Free Inmates Jan. 1," democratandchronicle.com, Nov. 5, 2019]
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Not Clearly Pro or Con
"Bail Abolition: Abolish bail for misdemeanors and nonviolent felonies."
Source: Howie Hawkins, "Issues: Criminal Justice Reform," howiehawkins.org, June 16, 2020
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