In July 2015 New York decided to eliminate bail for non-violent criminals.
This decision comes after two recent deaths shed light on bail practices discriminating
against the poor.
So how does bail actually work?
And is it an unfair system?
Well, when you get arrested, you’re usually given the option of returning home, to await
your trial.
However, in order to make sure you actually come back, the courts require you to give
up a refundable deposit.
This deposit is known as “bail.”
Some people who are considered flight risks, or dangerous to society, are not give the
opportunity to post bail.
If you do come back to court, the money is refunded to you.
If you don’t, you forfeit the money, and a warrant can be issued for your arrest.
Giving suspects freedom until their trial is a major aspect of the legal concept: innocent
until proven guilty.
However, if you are unable to afford your bail, you stay imprisoned UNTIL your trial.
Many of the problems arising from waiting in jail, like wage-loss, are being considered
discriminatory against the poor.
In 2013, New York state’s chief judge noted that people without bail money, who committed
even minor offenses, like protesting, had to stay in jail for months awaiting trial.
Now, there ARE bail bondsmen who’ll lend bail money to you - but they often charge
10% in most states.
So, if your bail is $10,000 dollars, you have to pay the bail company $1,000 dollars.
In this way, people who don’t have the money to begin with, end up spending more than those
who can actually afford it.
Also, if you’re too poor to find a co-signer to the loan, or you don’t have many assets,
bail companies can refuse to help you.
Although the Eighth Amendment to the Constitution states that bails should not be “excessive,”
the meaning of “excessive” is debated.
In a 1987 Supreme Court Case , setting high bail costs to prevent the release of a suspect
WAS deemed constitutional.
This gave judges more leeway to set high bails, based on their own perceptions of the accused
and their crime.
The rich have a much easier time with the bail system.
This is exemplified by many celebrities’ seemingly nonchalant relationships with jail
proceedings.
In the early 2000s, Robert Durst was arrested for murder in Texas, but easily posted $300,000
dollars bail, and skipped town.
Yet, in 2010, 16 year old Kalief Browder, was arrested for stealing a backpack, and
his bail was set at $3,000 dollars.
But his family couldn’t afford it, and due to trial postponement, Browder spent the next
three years imprisoned.
In 2015 he committed suicide.
His death represents how broken the justice system is for those who can’t afford better.
For the rich; trials, bail money, and lawyer fees, are problems which are easily overcome.
For the poor, the decimation of time, life savings, and life itself, have irreparable
effects on families and communities.
It’s no secret that there are a ton of problems with the US Prison system.
To learn about the dangers of prisons-for-profit, check out our video here.
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