No More Worries!

image Our orders are delivered strictly on time without delay

Paper Formatting

  • Double or single-spaced
  • 1-inch margin
  • 12 Font Arial or Times New Roman
  • 300 words per page

No Lateness!

image Our orders are delivered strictly on time without delay

Our Guarantees

image

  • Free Unlimited revisions
  • Guaranteed Privacy
  • Money Return guarantee
  • Plagiarism Free Writing

Make Your Case: Cash Bail

The historical purpose of bail is to ensure the appearance in court of an arrestee. The Eighth Amendment to the U.S. Constitution provides citizens protection from excessive bail but does not exclude bail that cannot be met. The U.S. Supreme Court has ruled in several cases that “bail setting is not constitutionally excessive merely because a defendant is financially unable to satisfy the requirement” (United States v. Van Caester, 1970). Although there have been two prior bail reform movements in the United States, cash bail remains a central practice in the criminal justice system. Civil liberties groups, however, view cash bail as a means to treat the wealthy differently from the poor, and they are advocating to eliminate cash bail as an option in pretrial practices. Recently, some states have passed binary bail reform laws whereby the options are to release an arrestee on personal recognizance bail or to hold the arrestee under preventative detention.

Take a position. Do you agree or disagree that cash bail should be eliminated as an option in pretrial procedures?

First, title your post either “Cash bail should be eliminated as an option in pretrial procedures” or “Cash bail should not be eliminated as an option in pretrial procedures.”

Then, using the information gained in this module, make your case. Any sources should be cited according to APA style. Answer the following questions to support your stance:

Whom does cash bail affect, both negatively and positively?
Are there any pretrial circumstances in which cash bail is or is not the best option for the arrestee?
What may be effects on either the arrestee or the criminal justice system if cash bail is or is not used?

find the cost of your paper

Sample Answer

 

 

Cash Bail Should Be Eliminated as an Option in Pretrial Procedures

The current cash bail system in the United States disproportionately harms low-income individuals and undermines the principles of fairness and justice. While its historical purpose was to ensure court appearances, it has evolved into a system that criminalizes poverty. Here’s why cash bail should be eliminated as an option in pretrial procedures:

Full Answer Section

 

 

 

Negative Impacts of Cash Bail

  • Disproportionate Impact: Cash bail disproportionately affects low-income individuals who cannot afford bail, even for minor offenses. This pretrial detention can lead to job loss, housing instability, and harm to families (American Civil Liberties Union [ACLU], 2020). Pretrial detention can also exacerbate mental health issues (Preblick Center, 2019).
  • Undermines Due Process: The inability to afford bail creates a two-tiered justice system, where wealthy defendants can secure release while low-income individuals remain incarcerated. This violates the Fourteenth Amendment’s guarantee of equal protection under the law (ACLU, 2020).

Limited Effectiveness of Cash Bail

There is limited evidence that cash bail actually deters crime or ensures court appearances. A study by the Vera Institute of Justice found that defendants released on pretrial supervision were just as likely to appear in court as those who posted bail (Arnold, Dobkin, & Spellman, 2017).

Alternatives to Cash Bail

  • Risk Assessment Tools: Validated risk assessment tools can be used to determine an arrestee’s flight risk and danger to the community. These tools can be more objective than a judge’s discretion based solely on financial resources.
  • Pretrial Supervision: Supervised release programs with conditions such as home confinement, electronic monitoring, or mental health treatment can ensure court appearances while minimizing pretrial detention (Preblick Center, 2019).

Effects of Eliminating Cash Bail

Eliminating cash bail may lead to an increase in pretrial releases, but research suggests this is not associated with a rise in crime (Arnold et al., 2017). In fact, it can free up resources for law enforcement to focus on serious crimes and reduce recidivism rates by allowing individuals to maintain employment and social ties (Preblick Center, 2019).

Conclusion

The cash bail system is outdated and fails to serve the interests of justice. By eliminating cash bail and implementing fairer pretrial release options, we can create a more equitable and effective criminal justice system.

This question has been answered.

Get Answer

[ordersys_quote]

Satisfaction Guaranteed

image

  • Research Paper Writing
  • Essay Writing
  • Dissertation Writing
  • Thesis Writing

Why Choose Us

image

  • Money Return guarantee
  • Guaranteed Privacy
  • Written by Professionals
  • Paper Written from Scratch
  • Timely Deliveries
  • Free Amendments