Is the concept of bail bonds classist?

After learning more about the legal system of bail bonds, I realized that the whole concept does not sit right with me. I could talk forever about the things unfair within the U.S legal system though, so today I will focus on bail bonds and why they are classist.

Intro: What is a bail bond?

Usually, after you get arrested, a judge assesses your charge and decides where you need to be until your trial date. You can either promise to return to court (this is usually for minor offenses), or the judge makes you stay in jail until your trial. Or, the judge can set bail.

The concept of bail bonds has been around for a long time. In short, a bail bond is an amount of money you pay to the court after you have been accused of a crime. Once a person pays for bail, you are released from jail until your official trial begins.

This sounds simple, but it creates classes even between people who have been accused of crimes. If the justice system is really for justice, why do rich people get to go home and live comfortably while poor people have to sit behind bars? Another big problem is that a judge's personal prejudices go without management and they can set bail purposefully high for POC.

If you can afford bail, you can usually get that money back when you return to court. But just because you have money to pay bail does not mean you deserve to be free until your trial. And just because you can't afford to pay bail does not mean you are more likely to be a criminal.

And when I say "sit behind bars" I do not mean for a few days or a week. I am Talking about the people who have to wait for years or months in jail until their trial is actually held.

And this is not a rare phenomenon, the court system is always overflowed with people to have trials, and on average (depending on the crime you are accused of) you have to wait for months to a year before it is held.

This means that potentially innocent people can be held in jail and subject to trauma for years/months/weeks until they are proven innocent.

Facts about bail bonds and prisoners

Right now it is estimated that 450,000 people in America are being held in jail that were accused of a crime, but not yet convicted (proven guilty).

The New York justice agency reported that when bail is set at $500 or less to be released, 85% of people accused of a crime cannot afford to pay it. But depending on your charge, bail can cost thousands to hundreds of thousands of dollars, and for some murder cases, it can cost millions. This means people who are rich can buy bail even if it costs as much as a new car.

This also means a potential murderers, sex offenders, and more. could be roaming free for months until their trial, just because they could afford bail.

Another big problem is that there is no universal bail system. Bail can work differently and cost different amounts depending on your city, county, and state. Because of this, it is hard to regulate and check bail systems for errors, prejudice, and fairness.

Bail bond companies and how they have helped and harmed

A bail bond company is usually a bondman who will cover the bail bill for you after you pay about 10% of the bail. But you have to attend all your court dates and trials for them to pay the rest. However, the 10% is non-refundable.

Because of the commercial bail bond system, the game has changed for many people who couldn’t originally afford bail. But this is not just out of the goodness of their hearts, it's estimated that the bail bond industry makes more than 2 billion dollars each year.

Bail bond companies can also choose whose bond they are willing to pay. This means they also judge on their own standard and often disregard POC, leaving low-income and POC communities out of luck if they cannot afford bail.

The effects of the bail system

Kalief's story

Kaleif Browder was a young black man who was 16 when he was arrested for possibly stealing a backpack. His bail was set around $3,000 and he could not pay it which resulted in him waiting in jail for 3 years.

When his trial was finally held, he was proven innocent, but 2 years after he was released he committed suicide. It is said after he was released he had signs of depression probably resulting from the physical and mental abuse he suffered while in jail.

Kalief's case was tragic, but there are thousands of people in similar situations because of the unfair bail system.

Not being able to afford bail and having to wait in jail for days, weeks, months, or years, is not good for anyone's mental health. Many people accused of crimes who cannot afford bail get behind on their rent, lose their jobs, and their family lives are greatly impacted.

This has caused many people who were accused of lesser crimes to plead guilty even if they are innocent with insufficient evidence. This is all just to be put on probation or pay a fine rather than stay in jail and suffer.

That may sound like they would rather confess to their crimes than be in jail because they are guilty, and it could be true for some. But being in jail drastically impacts your life outside of jail. And being in jail can make anyone dire to get out and get back to their life to put pieces back together.

The data below was taken from the NYC justice agency. This represents the conviction rate between people who could afford a cheap bail, and between people who had to stay in jail and could not afford bail.

(both relating to minor crimes that would result in probation or paying a fine).

A quote from a report by the New York justice agency says, "The data suggests that detention itself creates enough pressure to increase guilty pleas."

For thousands of people being held in jail before your trial subjects you to abuse and trauma within the jail, and your outside life falling apart. And these situations disproportionately affect POC , who judges set higher bail for and for whom bail bond companies refuse to help. This leads many to plead guilty for the chance of freedom.

It is easy to see why so many would plead guilty when innocent just to escape imprisonment.

Conclusion

Although we are all supposed to be "innocent until proven guilty", the cash bail system in America does not live up to that.

The concept of bail does have important points and I believe we do need a bail system to keep the number of unnecessary people out of jail.

But the cash system in place is obviously flawed and unfair which results in victims like Kalief.

In this day and age, we can find a better way to judge accused persons of their capability to do crimes and get them to attend their court dates.

Many states such as California have used "risk assessment tools" to assess people who have been accused of crimes to judge if they are dangerous enough to need to wait in jail. Either way, our future needs a better way to keep real criminals in jail, and innocent people out.

My information sources.