2/2 What is bail?

3/3 Wrong with the bail system
3/3 Ethical? Why or Why not?
3/3 Changes
4/4 Learn from DC? In your community? Why/Why not?

Step 1: What is Bail?
First, to gain an understanding of bail and the bail system, read this explanation by the American Bar Association.

In a word processing program, answer the following questions:

What is bail?
What might a proponent of the cash bail system say to explain its importance?
Step 2: Is the Cash Bail System Ethical?
Now that you have an understanding of the cash bail system, let’s look a little more deeply into the ethics of the system.

Watch this TED-Ed talk on some of the problems with the US bail system. Then, consider the ethical issues surrounding cash bail by answering the following questions in the same word processing document used in Step 1:

What might an opponent of the cash bail system say to explain what is wrong with the system?
Do you believe that the bail system is ethical? Why or why not? Be sure to consider people of different income levels and people of color in your answer.
What would you change about the bail system to improve it?
What could other communities learn from the method used in Washington DC? Would you like to have something similar enacted in your community? Why or why not?

1 answer

Understanding the Bail System

Step 1: What is Bail?

Bail is a financial arrangement where a defendant pays a sum of money to the court as a guarantee that they will return for their scheduled court appearances. If the defendant misses a court date, the bail amount may be forfeited. Bail serves to ensure that individuals are not detained in jail while awaiting trial, especially for non-violent offenses.

Importance of Cash Bail

Proponents of the cash bail system argue that it is essential for ensuring that defendants return to court. They might say that it provides a financial incentive for individuals to comply with court orders and that it preserves the principle of "innocent until proven guilty." By allowing individuals the option to post bail, they argue that the system upholds due process rights and prevents the government from detaining individuals without just cause.

Step 2: Is the Cash Bail System Ethical?

Problems with the Cash Bail System

Opponents of the cash bail system argue that it disproportionately impacts low-income individuals and people of color. They contend that individuals who cannot afford bail are often forced to remain incarcerated, which can lead to job loss, family separation, and a higher likelihood of pleading guilty to get out of jail, regardless of their actual guilt or innocence. Critics assert that the system favors wealth over justice, penalizing those who cannot afford to pay while allowing wealthy defendants to buy their freedom.

Ethical Assessment of the Bail System

I believe the cash bail system is fundamentally unethical because it creates a two-tiered justice system that favors the wealthy while disadvantages marginalized groups. This inequality can exacerbate already existing societal disparities related to race and income. Individuals from lower socioeconomic backgrounds often face harsher consequences—such as prolonged incarceration—merely because they cannot afford bail, which undermines the principle of equal justice under the law.

Suggested Changes to the Bail System

To improve the bail system, I would advocate for the elimination of cash bail in favor of risk assessment tools that evaluate a defendant’s likelihood of appearing in court without imposing financial barriers. Implementing alternatives such as pretrial services that monitor defendants could help ensure court appearances while keeping individuals out of jail who do not pose a flight risk or danger to society.

Learning from Washington D.C. Method

Other communities could learn from the method used in Washington D.C., where the bail system relies heavily on pretrial release without cash bail for the majority of defendants. This system emphasizes assessing risk rather than financial ability, which results in lower pretrial detention rates and a more equitable treatment of defendants. I would support similar reforms in my community, as it would promote fairness within the justice system while alleviating the financial burden on low-income individuals and families. Implementing such changes could lead to a more just and humane legal process.