Research is eliminating cash bail a benefit to society

Reference no: EM133422520

Question: Before trial, courts may act to shield the accused from the punitive power of the state through the use of pretrial release. Cash bail refers to a monetary fine imposed by the court to ensure that a defendant will return for trial. If the defendant makes all of their court appearances, the money is returned; if not, the money is forfeited to the government. Most people do not have the entire amount of bail so defendants must use a private bail bondsman who charges 5%-15% of the bail and the bondsman posts the rest. That money to the bail bondsman is non-refundable (for example $10,000 bail means $500-$1500 to a bail bondsman). Even if the case is dropped, the money to the bondsman is gone.

How can we balance the rights of the defendant, who suffers punishment (incarceration and loss of money) even though he or she has not been convicted against the potential for future harm (more criminal acts) that he or she may represent? (This is the theme of the book, individual rights versus public safety.)

California instituted a zero cash bail policy during the pandemic to keep jail populations lower. Based on your research is eliminating cash bail a benefit to society?

Reference no: EM133422520

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