Bail in the US criminal justice system

Full Answer Section

• Set bail: This means that the defendant must deposit a certain amount of money with the court in order to be released. If the defendant fails to appear in court, the bail money is forfeited.
• Impose pre-trial release conditions: This means that the defendant must comply with certain conditions, such as curfews, travel restrictions, or electronic monitoring, in order to be released.

Call for Bail Reform

There has been a growing call for bail reform in the United States in recent years. This is because the current bail system is seen as unfair and discriminatory.

One of the main problems with the current bail system is that it is based on the defendant's ability to pay, rather than the risk of flight or danger to the public. This means that wealthy defendants are more likely to be released on bail than poor defendants, even if they pose the same risk to public safety.

Another problem with the current bail system is that it can lead to pre-trial detention. Pre-trial detention is the detention of a defendant who has not yet been convicted of a crime. Pre-trial detention can have a devastating impact on defendants and their families. Defendants who are detained pre-trial are more likely to lose their jobs, their homes, and their custody of their children.

Changes Enacted in States That Reformed Their Bail Systems

A number of states have recently enacted reforms to their bail systems. These reforms include:

• Eliminating cash bail: Some states have eliminated cash bail altogether. This means that all defendants are released pre-trial unless they pose a risk to public safety.
• Setting lower bail amounts: Some states have set lower bail amounts for certain offenses. This makes it easier for defendants to afford bail and be released pre-trial.
• Providing more pre-trial release options: Some states have expanded the availability of pre-trial release options, such as ROR and pre-trial release conditions. This gives judges/magistrates more flexibility when determining a defendant's pre-trial status.

Problem in the Current Bail System and Proposed Solution

One of the most pressing problems in the current bail system is the use of pre-trial detention. Pre-trial detention can have a devastating impact on defendants and their families, and it can also lead to mass incarceration.

One way to address this problem is to adopt a presumptive release system. A presumptive release system would require judges/magistrates to release defendants pre-trial unless they pose a risk to public safety. This would help to ensure that defendants are not detained pre-trial simply because they cannot afford bail.

In addition to adopting a presumptive release system, it is also important to invest in pre-trial services. Pre-trial services can help defendants to comply with the conditions of their release and to stay out of trouble while they await trial.

Conclusion

The current bail system in the United States is unfair and discriminatory. It is also ineffective at preventing crime and protecting the public. Bail reform is needed to ensure that all defendants are treated fairly and that those who are not a danger to the public are released pre-trial.

Adopting a presumptive release system and investing in pre-trial services are two ways to address the problem of pre-trial detention and create a more fair and effective bail system.

Sample Answer

Bail in the US Criminal Justice System

Bail is a monetary security that a defendant must deposit with the court in order to be released from custody pending trial. The purpose of bail is to ensure that the defendant appears in court for all scheduled hearings and to protect the public from harm.

Choices for Judges/Magistrates When Determining a Defendant's Pre-Trial Status

When determining a defendant's pre-trial status, a judge/magistrate has the following choices:

• Release on personal recognizance (ROR): This means that the defendant is released without having to pay any bail. The defendant is required to sign a promise to appear in court for all scheduled hearings.