The cash bail system has long been said to disproportionately discriminate against Black and Latino communities. It has also been discussed in conversations for many years regarding criminal justice reform. Cash bail is essentially money paid to a court to guarantee that the person will show up to their trial, and they also get released from prison. This seems like a positive thing, but it has its downsides. When defendants don't pay bail they will have to stay in jail even when they aren't even convicted of a crime. 3 in 5 prisoners have not been convicted of a crime, this means that there are 500,000 people in jails, even though they are innocent.
Some may say that cash bail “criminalizes poverty” as it detains people for possibly months as they are awaiting trial, simply because they can't afford bail. A couple weeks in jail also has much more of a negative effect on these people's lives. The Arnold Foundation and other researchers held a study and found that “When held 2–3 days, low-risk defendants are almost 40% more likely to commit new crimes before trial than equivalent defendants held no more than 24 hours”, and keep in mind, many of these people aren't even being accused of violent crimes or anything else that would make them a threat to society. The reason for this is because during the time these people are detained, they can also lose their job, miss out on paying bills, and much more.
The governor of Illinois, Gov. J.B Pritzker, recognized this issue and signed a bill making Illinois the first state to eliminate cash bail. This bill also included many other measures to improve the criminal justice system statewide. In a statement, Gov. J.B Pritzker said, “This legislation marks a substantial step toward dismantling the systemic racism that plagues our communities, our state, and our nation and brings us closer to true safety, true fairness, and true justice.” After the bill was passed, many people wondered what the alternative would be for the cash bail system. Judges will now be presented with evidence to determine the level of risk releasing a defendant would bring to the community and whether the defendant can be trusted to return to court.
In conclusion, I found this very interesting as I wasn't always aware of the harm caused by the cash bail system. I think it's cool to see positive changes being made all across the country, and I hope other states follow in the footsteps of Illinois.
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