Just Policy Blog Guest Post as as part of Pretrial Justice Institute and Justice Policy Institute Bail Month 2013
By Lauren-Brooke Eisen
Across the country, too many jurisdictions still depend on money bail to determine which defendants can be released pretrial. Forcing defendants to face financial loss if they flee, proponents insist, is essential to ensure that they will return to court. Those who cannot afford bail remain in jail, a reality that disproportionally impacts low-income communities. This practice has significantly increased our overreliance on incarceration, contributing to an exponential growth in our prison population over the past three decades. More than 2 million Americans are behind bars, 20 percent of those pretrial, and more than 65 million adults – a quarter of the nation’s adult population – have criminal records.
In 1966, the United States Bail Reform Act established the rationale of bail: to guarantee a defendant’s court appearance. The Act emphasized that when possible, the law favors release pending trial. The law established a presumption of release by the least restrictive conditions with an emphasis on non-monetary terms of bail. Two decades later, the Bail ReformAct of 1984 permitted judges to consider the danger a defendant posed to the community as a factor in making bail decisions.
Five decades of research has consistently shown that pretrial detention increases post-conviction incarceration. These studies show that defendants detained in jail while awaiting trial plead guilty more often, are convicted more frequently, are sentenced to prison at a greater rate, and receive harsher sentences than those who are released awaiting trial or case disposition.














Since
2003, Washington D.C. has seen a 43 percent decline in children placed
in foster care. Though some progress has been made we are still seeing
greater numbers of families struggling to access the resources they need
to stay together when compared to the rest of the country. Our nation’s
capital has one of the highest child poverty rates in the country with
nearly 50 percent of youth in Ward 8 and 40 percent of youth in Ward 7
living below the federal poverty line. In 2011, Ward 8 had the highest
unemployment rate in the nation.
