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Cash Bail: Ethical or Not? Required Materials Word processing software You have probably heard of posting bail before. But what does this really mean? And is it ethical to ask people, before a court has determined whether or not they are guilty of a crime, to post bail? How might this impact low-income people differently than higher-income people? During this activity, you will be examining the system of cash bail in the United States and determining whether or not you believe it is ethical. 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? Submit your completed word processing document to the dropbox.

3 answers

Sure! Below is a structured response to help you complete your assignment on the cash bail system, including answers to each of the prompts you've listed. You can copy and paste this into your word processing software and modify it as needed.

Cash Bail: Ethical or Not?

Step 1: What is Bail?

  1. What is bail? Bail is a monetary amount set by the court that allows a person accused of a crime to be released from custody while awaiting trial. If the accused can pay the bail amount, they can secure their release, providing they agree to return for their court appearances. The purpose of bail is to ensure that the defendant shows up for trial without unnecessarily detaining them before a determination of guilt or innocence.

  2. What might a proponent of the cash bail system say to explain its importance? Proponents of the cash bail system argue that it is essential for maintaining the integrity of the judicial process. They assert that bail allows individuals to remain free until proven guilty, thus preserving their freedom, family connections, and employment opportunities. Supporters contend that the system serves as a deterrent against absconding and promotes accountability by requiring defendants to show up for their court dates.

Step 2: Is the Cash Bail System Ethical?

  1. What might an opponent of the cash bail system say to explain what is wrong with the system? Opponents of the cash bail system argue that it is fundamentally inequitable and disproportionately impacts low-income individuals and communities of color. They contend that the system penalizes those who cannot afford bail, often leading to extended pretrial detention, job loss, and negative impacts on mental health. Critics highlight that the cash bail system can result in the wrongful imprisonment of innocent individuals who are unable to pay while wealthier defendants can buy their freedom, thus violating principles of fairness and justice.

  2. Do you believe that the bail system is ethical? Why or why not? I believe the cash bail system is not ethical because it creates an unequal playing field between individuals of differing economic statuses. It perpetuates cycles of poverty and injustice, particularly affecting marginalized communities and people of color. The system's reliance on financial resources to secure freedom before trial undermines the presumption of innocence and can lead to severe consequences for individuals who are not convicted of any crime.

  3. What would you change about the bail system to improve it? To improve the bail system, I would suggest abolishing cash bail and replacing it with a system that assesses risks based on factors such as the defendant's criminal history, ties to the community, and flight risk. Implementing pretrial services that support defendants and ensure court attendance without financial barriers would be a more equitable approach.

  4. 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? Other communities could learn from Washington DC’s adoption of a system that eliminates cash bail for most defendants and focuses on risk assessments for release. Such a model encourages fair treatment regardless of income while maintaining public safety. I would support having something similar enacted in my community because it promotes justice and equity, helping to ensure that individuals are not punished solely based on their financial status while also reducing congestion in the jail system.

Please ensure that you format the document according to your instructor's guidelines and add any personal insights or modifications to reflect your views!

mke it look more like a 10th grader wrote it (i.e make it shorter, use less complex words)

Sure! Here's a simplified version that’s more appropriate for a 10th-grade level.

Cash Bail: Ethical or Not?

Step 1: What is Bail?

  1. What is bail?
    Bail is money that a person pays to a court to be released from jail while waiting for their trial. If they can pay the bail, they don’t have to stay in jail but must promise to come back for their court date.

  2. What might a proponent of the cash bail system say to explain its importance?
    Supporters of cash bail say it is important because it helps keep people free until they are proven guilty. They believe it encourages people to come back for court since they want their money back, making sure they stay accountable for their actions.

Step 2: Is the Cash Bail System Ethical?

  1. What might an opponent of the cash bail system say to explain what is wrong with the system?
    People against cash bail argue that it is unfair and mostly hurts low-income individuals and people of color. They believe that if someone cannot afford bail, they might stay in jail even if they are innocent. This can mess up their lives, like losing jobs and hurting families.

  2. Do you believe that the bail system is ethical? Why or why not?
    I don’t think the cash bail system is ethical because it puts poor people at a disadvantage. It’s not fair that someone can stay free just because they have money while others are stuck in jail. This goes against the idea that everyone is innocent until proven guilty.

  3. What would you change about the bail system to improve it?
    I would get rid of cash bail entirely and use a different method where judges decide if someone can be released based on their situation, not their money. We could also have programs to help remind people to come to court.

  4. 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?
    Other communities could learn from Washington DC’s system, which helps people get released without needing money. I would want something like that in my community because it treats everyone fairly and keeps innocent people from being stuck in jail just because they are poor.

Feel free to make any adjustments or add personal thoughts!