Bail: How the poor are being punished for being poor
December 3, 2017
Bail is a word that is deeply rooted in American Culture, so much so that many Americans are oblivious to the fact that this common judicial practice is blatantly unconstitutional. Consider this — two people are arrested for the same crime, and both are given a trial date, yet one of the men must await his trial in jail while the other can wait in the free world.
Though unfair, this scenario is quite common. The bail system allows the rich to wait for their trial like free men, and the poor to be locked up without before being convicted of a crime.
Bail is given in the U.S. as a “loan” to the government to ensure that the individual shows up to trial. The bail money is then returned to the citizen once the case has been completed. However, because bails are continuously being set at high numbers that are impossible for most Americans to pay, it is extremely common for citizens to use a “Bail Bonds” company, which will help pay your bond for you. Despite the benevolent of purpose of Bail Bond companies (to bail you out of jail), the companies often charge a hefty fee, like up to 25% of what the bail costed, in return for bailing the person out.
For most Americans, being arrested is a lose lose situation from the get-go: either pay a bail bondsman who you will owe an enormous sum of money to once free, or sit in jail and wait for trial, which often ends up in a loss of your job out in the free world.
This is why many Americans find themselves pleading guilty even if they never commuted the crime simply because they cannot endure the economic hardship that will come with waiting until their trial. Often legal penalties are lessened when the individual pleads guilty. For this reason, innocent individuals are forced to plead guilty to crimes they never commit.
Obviously the bail system is a systemic issue that is only a symptom of an increasing wealth disparity in America.
In the meantime, however, bail prices are only on the rise.