The main purpose of bail reform is to provide better outcomes for defendants and reduce the number of people incarcerated before being convicted of a crime. The criminal justice system is a complex web of interrelated processes, policies, and procedures throughout the country (Green, 2018). Bail reform is relevant to criminal justice because it addresses the idea that people accused of crimes should not be punished before they are proven guilty. The bail reform movement is based on the principle that people should not be jailed because they are unable to pay bail. Those of lower socioeconomic status and people of color are disproportionately likely to be arrested and detained before their trials, making this an especially pressing issue for them (Scott-Hayward & Fradella, 2019).
The bail reform movement has been gaining momentum since its inception. Many states have passed laws requiring judges to consider whether defendants can afford their bail before setting a monetary amount for them to pay. The goal is to eliminate unfairness and inequality in the criminal justice system by ensuring everyone has an equal opportunity at freedom until their trial takes place.
Elements in Society that Contribute to the Trend
The public is becoming more aware of the issue of mass incarceration, and this is resulting in increased support for bail reform. As more people become aware of mass incarceration, they may also realise how much money is being spent on jailing individuals awaiting trial (Green, 2018). This will likely lead to increased support for bail reform because people will want to see their tax dollars used more wisely. As people become more aware of the racial disparities in the system and how these result from racial discrimination by police officers and prosecutors. They will likely be more inclined to support reforms like bail reform that might help reduce these disparities.
People live in a time when there has been increased focus on equality for all people regardless of race, gender identity, or sexual orientation, for example, the Black Lives Matter movement. This movement has helped raise awareness about racial disparities in law enforcement practices, which may have changed public attitudes toward bail reform (Scott-Hayward & Fradella, 2019). This has led many people to believe that society should treat everyone equally under the law regardless of race or gender identity/sexual orientation. Therefore, they may be more willing than ever to support measures like bail reform, which seeks to promote equality under the law without regard for these factors.
The Relationship Between the Criminal Justice System and the Trend
The criminal justice system can play a role in reducing the number of incarcerated people by improving their conditions, reducing sentences for nonviolent offenders, and reducing the number of crimes that carry mandatory minimum sentences. There are several areas in which elements of the criminal justice system may have contributed to this trend. Law enforcement has been a significant contributor to the trend toward bail reform. The police often decide whether someone should be detained based on how much money they have (American Civil Liberties Union, 2022). If someone has less money to post bail, they may be held in jail while awaiting trial. As a result of this practice, innocent people are sometimes caught up in the criminal justice system simply because they do not have enough money to post bail.
Courts also play a role in contributing to bail reform by setting high bail amounts for minor crimes such as petty theft or possession of drugs. There are occasions where defendants are kept in jail before trial because they cannot afford the bail set for their offence (American Civil Liberties Union, 2022). Another area where courts contribute is when they impose unfair sentences on individuals who cannot afford high bail. This frequently happens because judges are most likely motivated by their political agendas rather than what is best for society. Corrections officials also have an important role in ensuring that all prisoners receive fair treatment while incarcerated. They should ensure that prisoners are not punished for minor infractions like failing to meet certain standards of behavior while incarcerated.
Effects of the Trend on the Public
Bail reform has had a huge impact on the public, and the most affected are those who are most vulnerable. It has far-reaching consequences for society, including a decrease in the number of persons locked up only for lack of legal bills (Seibler & Snead, 2017). This is especially important for low-income individuals and people of color disproportionately affected by pretrial detention (Onyekwere, 2021). In addition, reducing the number of detained people will help alleviate overcrowding in jails and prisons, which is costly for governments and makes it harder for inmates to reintegrate into society after being released successfully.
This reform would further make it easier for defendants arrested but not yet convicted to return home while they wait for the trial. This means they will not have to remain in jail during this period, which may save them from losing their jobs or housing if they have a job or family at home (Onyekwere, 2021). Finally, this reform will help ensure that judges have access to all relevant information before deciding whether someone should be released on bail. Judges can make more informed decisions about whether someone should be released or detained based on their circumstances. Rather than relying only on information about previous arrests or convictions that may not even apply.
References
American Civil Liberties Union. (2022). Bail reform. Web.
Green, B. (2018). Fair” risk assessments: A precarious approach for criminal justice reform. In 5th Workshop on fairness, accountability, and transparency in machine learning (pp. 1-5). Web.
Onyekwere, A. (2021). How cash bail works. Brennan Center for Justice. Web.
Scott-Hayward, C. S., & Fradella, H. F. (2019). Punishing poverty: How bail and pretrial detention fuel inequalities in the criminal justice system. University of California Press. Web.
Seibler, J.-M., & Snead, J. (2017). The history of cash bail. The Heritage Foundation. Web.