U.S Bail System Proposal Power Point Presentation
Bruce MM Thy Nguyen Nov 26, 2019 LA 207 Proposal Essay First Draft
United States’ Unjust Bail System
The race towards the management of the American bail system is charging up and it is
introducing numerous organizations that are stepping up to fight for the people. The Americans
are realizing that the bail system is losing its way especially with the inequality towards the poor.
The poor cannot pay up the bail similar to the wealthy who can easily get out their cash books
and then leave jail whenever they want. The unjust system has set up numerous people into
serving jail terms because they cannot pay up the limitation of the $1000 thus most people end
up in jail (Ganeva, 2019). The Bronx Freedom Fund (BFF) started the Bail Project over a decade
ago seeking to free up and make changes to the existing bail system. The foundation has become
a national organization standing up for the people’s rights and helping post bail for those people
that usually fail to pay up. Most of the affected communities are the smaller non-white races in
the country that tend to have higher poverty rates that then limit the fairness system to tilt
towards their side. The less fortunate sect of the community is at odds of the justice system
because they fail to raise the bail money and end up serving time for it while the wealthy pay
their bail leaving the poor filling up the jails and appearing guilty even before the pleas.
It is evident that the bail system is not just as the justice system seeks to perceive the
people to believe in the system. The American forefathers created the laws at the time when they
had the jobs and the whites were the dominant race ignoring the other communities and other
social issues. The fact that some people cannot raise the $1000 bail money for even the smallest
crimes tends to leave numerous people in jail and make them appear guilty. There is a growing
perception regarding the payment of the bail and the guilt that people look at after one fails to
secure their bail (Wiseman, 2018). The BFF and the Bail Project are examples of leading
nonprofit organizations taking the initiative to make sure that the less fortunate get the bail and
they receive massive donations across the world. The group attracts donations from celebrities
implying that they support its efforts towards ensuring a reform in the bail system while at the
same time saving those that fail to pay up. It is evident that the jail system is having to incur
majority financial costs because they have to house numerous people whose crime is to fail to
pay bail and thus have to stay in jail. The fact that the bail system is constant implies that those
that do not have the cash cannot manage to leave and will have to wait in jail until their
arraignment ends and it is time for sentencing. The BFF and Bail Projects are organizations set
up to fight for equal rights among the society to make sure that they access the appropriate
amount of bail that will save up pressure on the jails and the society.
Probable solutions
The fact that there are some discrepancies in the bail system, it is evident that there is a
need for reforms that will help make it easier to increase transformations. Numerous people are
losing their trust in the system that makes it a challenge especially in a system with numerous
racial diversities. The bail system is pushing people into making commitments into the system
that will influence the necessary changes and make sure that there is no division forming
regarding the wealthy and less fortunate who cannot afford bail. The system requires changes
that will make sure that there is some form of uniformity or an open system that will make it
easier for all the people to share an open system. The poor that cannot afford the bail money can
easily have an alternative measure that will see them also out on bail and thus can move on with
their lives awaiting trial.
Several reform organizations call for the introduction of alternative options for suspects
and those that commit crimes especially those that the law deems fit to qualify for bonds to make
sure that they earn unsecured bonds, rehabilitative sentencing and check-ins with the law
enforcement officers. According to Simonson (2017), it will be important and relevant to
introduce the check-ins especially to specifically assigned officers of the law that the suspect will
have to visit regularly and at agreed-upon times despite the situation to make sure that they get
there and sign in. The move helps make it easier to reduce the need to pay the bail but leave the
individual with the mandate to maintain the proper lifestyle without further crimes and a
responsibility that will equal their amount of bail. For instance, the people that cannot post bail
will have the alternative to sign up for reporting to officers for a mandated specific duration that
will help note the behavior and response of the individuals towards the system. The individuals
that fail to keep up with the demands of the agreements of meeting their officers then they might
then receive sentences reflecting the same.
It will be appropriate for the judicial system to also embrace the rehabilitative systems
that will mainly involve the individuals with crimes relative to drug use and abuse. Wiseman
explained that the suspects that fall under this category and qualify for the bail will have to make
a decision of paying up the required bail money or have the alternative of taking up the
addiction-relief services or have frequent and random visitations with doctors (2018). The
alternative service will make it easier for the people to get help for their addictions be it cocaine
addiction, alcohol abuse, marijuana abuse among others. The solution will fit well the people that
cannot afford bail and fail into this category because they will have an alternative that will still
be productive for society and them for their personal growth.
The judicial system should also introduce the issuance of unsecured bonds that do not
require collaterals such as cars, buildings, and other property that will then favor also the people
that do not have the wealth and ownership over the properties (Van Brunt & Bowman, 2018).
The courts can introduce the same and ensure that the people will pay the full bail amount if they
alter from the agreement. The people will have to attend their trials or suffer the consequences of
paying the entire full amount at once or face a hefty punishment or additional time to their
sentencing. The court might choose to hold the individual without further bail until their
arrangement in court.
References
Simonson, J. (2017). Bail Nullification. Michigan Law Review, 115(5), 585–638.
Ganeva, T. (2019). The Fight to End Cash Bail. Stanford Social Innovation Review, 17(2), 18–
25.
Wiseman, S. R. (2018). Bail and Mass Incarceration. Georgia Law Review, 53(1), 235–280.
Van Brunt, A., & Bowman, L. E. (2018). Toward a Just Model of Pretrial Release: A History of
Bail Reform and a Prescription for What’s Next. Journal of Criminal Law &
Criminology, 108(4), 701–774.