CASH BAIL REFORM: How Cash Bail Works, Why It’s a Flawed System and How It Can Be Reformed

By Interrogating Justice

The cash bail system used throughout every state in the U.S. leaves many innocent people incarcerated. That’s one of the reasons why so many advocacy groups are pursuing cash bail reform efforts to replace the discriminatory system with one that works. The term “cash bail” describes the funds that someone has to pay to be released from pretrial detention. Generally, the amount of cash bail that must be posted is based on the characteristics of the charged crime and alleged offender. But judges may raise or lower that amount as well. Once the amount is paid, it serves as a promise that the person will show up for their trial or hearing. If the person consistently appears for court, the money is returned. In they don’t appear, the money is not returned. And, if someone cannot afford to pay the cash bail, they won’t be released until their case is resolved. There are certain alternatives for when someone cannot come up with the bail amount on their own. For example, someone could get the money through a bail-bond company. The bond company covers the fee but will typically also charge a certain percentage of the bond to be paid back to them. If someone goes this route and does not show up to their trial or hearing, the bond company will use collateral to get its money back. WHY THE CASH BAIL SYSTEM IS FLAWED If you’re thinking that it seems unfair for someone to have to pay their way out of jail — whether that involves the fee alone or the cost of going through a bond company — other criminal justice advocates and allies would agree with you. Overcrowding in jails and prisons is already an issue in and of itself, so individuals being placed into that population simply because they don’t have the money to post bail only furthers the problem. There are two other significant reasons why the cash bail system is flawed, ultimately leading to an unnecessary burden on those in jail: racial and socioeconomic discrimination and psychological impacts. 

Durham, NC: Interrogating Justice, 2021. 5p.