By Sonali Kolhatkar
Many Americans haven’t heard of cash bail. But the idea is central to an election year battle over racism, policing, and mass incarceration.
When arrested on suspicion of committing a crime, everyone in the United States has the right to due process and to defend themselves in court. But in a cash bail system, when judges set bail amounts, those who cannot pay the full amount remain jailed indefinitely — a clear violation of their due process rights — while the rich can pay their way out of jail.
A 2022 report by the U.S. Commission on Civil Rights examined the impact of cash bail and found that between 1970 and 2015, the number of people jailed before trial increased by a whopping 433 percent.
There are currently about half a million such people stuck in jails across the nation who haven’t been tried or convicted of any crimes. The report also found “stark disparities with regards to race,” with Black and brown men most often subject to higher bail amounts.
Thankfully, many states and cities are moving to reform this unfair practice.
In 2023, Illinois became the first state to entirely abolish cash bail. Other states, such as New Mexico, New Jersey, and Kentucky, have almost entirely ended cash bail requirements in recent years. In California, Los Angeles County has also similarly eliminated cash bail for all crimes except the most serious ones.
But in this election year, Republicans are rolling back these efforts — most recently in Georgia.
The state recently passed a bill expanding cash bail for 30 new crimes, some of which appear to be aimed at protesters, such as unlawful assembly. Further, it criminalizes charitable bail funds — and even individuals — that bail out people who can’t afford to bail out themselves.
Marlon Kautz, who runs the Atlanta Solidarity Fund, called cash bail “a loophole” in the criminal justice system, allowing courts to indefinitely jail people without charges if they cannot pay exorbitant bail amounts.
“Police, prosecutors, and politicians want a bail system that allows them to punish their political enemies, poor people, and people of color without trial,” said Kautz, whose fund has bailed out people protesting a massive new police training facility opponents call “Cop City.” Kautz was one of three people affiliated with the fund to be arrested on apparently politicized charges last year.
Reversing progress on bail reform is a new flashpoint in the GOP’s culture wars. “It could be a sign that Republicans intend to bash their Democratic opponents as soft on crime,” the Associated Press reported. Alongside Georgia, Republicans in Indiana, Missouri, and Wisconsin have introduced numerous bills expanding the use of cash bail.
Expanding the racist criminal justice system is a cynical GOP election-era ploy, one that has little to do with public safety.
“It is exceedingly rare for someone who’s released pretrial to be arrested and accused of a new offense that involves violence against another person,” said Sharlyn Grace, an official at the Cook County Public Defender’s office in Illinois. “Fears about public safety are in many ways greatly overblown and misplaced.”
“National studies contradict” the claim, the AP adds, that people are any less likely to show up for a court date if they’re released without bail.
Election years are a scary time for people of color in the U.S. They are marked by race-based voter suppression efforts, a rise in racist political rhetoric, and even a surge in racist hate crimes. The expansion of cash bail laws is yet another attack on Black and brown communities — one that must be exposed and confronted.
We shouldn’t let reform efforts fall victim to election year politics.
Sonali Kolhatkar is the host of “Rising Up With Sonali,” a television and radio show on Free Speech TV and Pacifica stations. This commentary was produced by the Economy for All project at the Independent Media Institute and adapted for syndication by OtherWords.org.
Mr. Bill says
Cash bail keeps the accused accountable and will think twice before they offend again. If you have to go to family or friends to help with the bail and their consternation and the hassle of raising the bail all lowers the recidivism rate. Look at all the blue cities that have tried it. Nothing but failure and reoffences before they even get to trial.
Bail forfeiture is a real thing. Yea…you don’t show up for trial and you lose your bail. Why? So it is your money and not the state’s that is used to track you down. You will show up if the amount is high enough.
If you use your Mom’s house as collateral, she will make sure you appear! I would.
Laurel says
Mr. Bill: So according to you, people are guilty until proven innocent, right? Meanwhile, Trump sits in Mar-a-Lago instead of jail, with 91 counts against him, while his appointed judges prolong his possible prosecution so he can pardon himself and the “hostages” who stormed our Capital, and his following state “he gets me.” Trump is getting money for his defense from people on Social Security and billionaires. That’s country you want? You’re good with this lack of justice? Explain this one to me.
Jack Broman says
Why don’t you ask someone in New York or New Jersey and see how well it’s working for them?!?!
The Geode says
So… a person that is arrested for murder, assault and r*pe should be let go immediately? Why aren’t you railing about that “pre-trial diversion” sh*t that puts people on probation before a trial? Why aren’t you railing about the jails charging inmates for food and services? I mean, after all, they didn’t ASK to be “kidnapped”. Why aren’t you asking for “DV” accusers to keep their guns because they haven’t been convicted of anything and the courts are violating their “2-A Rights”? Better yet, let’s tear down the jails and stop wasting time arresting people? I swear, I can’t believe how shitty this nation has become from my growing up in the 70s when you’d think there was REAL racism to be eclipsed FIFTY FU*KING YEARS LATER with fake racist bullsh*t designed to fit ONE race of people disguised as “altruism”…. GET. THE. FUCK. OUT!
Local says
I can see it already. If people get out of jail because they don’t have enough money to pay bail then a lot of people are going to want to be paid back for the money they did pay attention to get out of jail previously when they couldn’t afford it. How much will the taxpayer have to pay back all those people?
Pogo says
@Or stated much better
Ed P says
Cashless bail still provides for a prosecutor the opportunity to present to a judge reasoning to prevent bail. Does cashless bail help more people ( those allegedly charged with crimes) or the overall citizenry? Common sense seems uncommon.
Will more court hearings be missed if the charged persons are not incarcerated or don’t have any financial risk to appear? The bail bondsmen try to keep in contact and entice the defendants to appear. That should be a valuable service and help the courts.
Will taxpayers really save tax dollars because jails are not filled with prisoners waiting trial? Or will the cost of issuing warrants, tracking fugitives down, re-arresting them, and trying to get them to court, save more dollars? There are already numerous examples of repeat offenders out on cashless bail. NYC and Chicago.
Are law enforcement officers demoralized by the new system? What about the victims’
Rights?
Everyone is presumed innocent until proven guilty and either system appears flawed.
But why do the rights of few have priority of the majority?
How about not breaking law? Problem solved.
Mr. Bill says
Wow Laurel!! If I didn’t know better I would have thought you had something against Trump. LOL
In all reality, crimes are really two types: victimless (drugs etc.), and victims (robbery, murder etc.)..
Victimless crimes, unless they are dealing–no bail required. Victim crimes–see the following Florida Statute:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0903/Sections/0903.046.html