Cash Bail, a Cornerstone of the Criminal-Justice System, Is Under Threat

More U.S. cities and states are reducing their reliance on cash bail, rejecting the longstanding notion that money should determine whether arrested individuals are locked up until trial. The movement is upending a cornerstone of the American criminal-justice system and threatening to deal the most severe blow to the multibillion-dollar bail-bonds industry since it began in the late 1800s.

In an overhaul that went into effect this year, New Jersey began a new statewide bail system that essentially eliminates cash bail, compelling judges to detain—or release—defendants before trial based on their risk to public safety, rather than their ability to pay. Voters in New Mexico passed a similar amendment to the state constitution late last year.

In California and Texas, the two states where courts have historically set the highest bail amounts, lawmakers have introduced bills that would significantly change their bail systems. Starting July 1, judges in Maryland will have to consider alternatives to cash bail for nonviolent defendants.

Driving the overhaul efforts is a growing recognition by judges and others that the current system unfairly incarcerates people solely because they can’t afford bail amounts as low as $100, creating overcrowded jails at great cost to taxpayers. Others contend changing the system will improve public safety by preventing those charged with violent crimes who have access to cash from paying their way out.

Momentum for change is coming from both sides of the political aisle. Critics of cash bail range from former Democratic Attorney General Eric Holder to Republican New Jersey Gov. Chris Christie.

In addition, nearly two dozen lawsuits have challenged the constitutionality of setting cash bail without considering an individual’s ability to pay it, leading to new procedures in several places. Last month, a federal judge in Houston ordered Harris County, Texas, to stop detaining misdemeanor arrestees if they can’t afford bail, finding the practice violated the Constitution’s equal-protection rights against wealth-based discrimination. An appellate court is expected to review the case.

The private bail-bonds industry is resisting the push, arguing that a money deposit is still the best way to ensure a defendant’s appearance in court.

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https://www.wsj.com/articles/cash-bail-a-cornerstone-of-the-criminal-justice-system-is-under-threat-1495466759