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The Need for Bail Reforms

Being on the wrong side of the law is a terrifying situation. But it’s even worse when you have no way of getting out of jail as you await trial. But this is exactly what happens if you’re arrested and don’t have money to post bail.

Here’s some insight into the bail system, including what needs to change:

What is wrong with the bail system?

Around half a million Americans are in jail despite no convictions; this is because they can’t post bail. Most of these defendants stay behind bars for months, or maybe even years. During this time, most of them even end up losing their jobs and housing.

The biggest issue with bail is that it’s usually expensive. According to studies, most defendants in the US aren’t even able to pay the lowest bail amount. This is why most of them end up staying behind bars for weeks. In fact, over 11 million people in the US are in jail solely due to their inability to pay, not necessarily because they’re guilty.

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Is the US justice system fair?

According to the New York Times, the bail system is unfair because it treats the rich and poor differently. It also called the bail system broken and biased. Out of helplessness, some defendants even plead guilty to a crime they might not have committed. This is a desperate attempt to shorten the time they spend behind bars.

Here’s where the problem starts: there is no national bail system. The decision to grant bail usually comes down to a judge and it’s up to them to set the amount. It’s a two-tiered justice system. This means the rich and the influential can pay their way out and go home while the poor can’t. In an ideal society, the justice system would treat defendants based on their criminality and not based on how much is in their bank accounts.

What kind of bail reforms do we need?

To begin with, our justice system needs to reduce its reliance on money bail. Bail bonds are a more financially viable and feasible option. They allow every citizen to access bail without emptying their bank accounts.

Other than that, our justice system needs to optimize its pretrial services. This means that pretrial detention must be limited by focusing on pretrial risk assessment more. Pretrial risk assessment helps the authorities carry out the defendants’ screening prior to putting them in jail.

This assessment analyzes the risk that the individual poses. If they’re a low-risk individual, the court usually lets them go without setting a high bail amount. The risk assessment report also categorizes the defendant on the basis of their flight risk and the threat that they pose to society.

Living in the US, bail bonds are your best bet to escape legal trouble. If you’re based in Indiana, look no further than DeLaughter Bail Bonds. Here is a list of our service areas.

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