By Manny Lewis

In our quest for justice and order, we’ve implemented systems that, while intended to protect the community, can sometimes wreak havoc on the lives of the very individuals they are meant to serve. The cash bail system is a glaring example of such an unintended consequence, particularly for underprivileged families. In this blog, we will explore the multifaceted repercussions of cash bail, focusing on a hypothetical scenario that illustrates its profound impact on a family teetering on the edge of economic stability. Through this lens, we will see how this system can reverse the work of creating a compassionate society, one that some may see as reflective of God’s intention for a just and caring world.

Cash Bail: A Primer

Before we delve into our story, let’s establish what cash bail is. It’s a system where a defendant is required to pay a set amount of money to secure release from jail pending trial. The amount is determined by a judge and is intended to guarantee the defendant’s appearance at future court dates. However, the ability to pay this amount is not evenly distributed across society, creating a chasm between those who can afford to buy their temporary freedom and those who cannot.

“The cash bail system, in its current form, is a mechanism that punishes people for being poor.”

 

A Case Study in Economic Precariousness

Imagine a man, the sole provider for his family, with a modest job and minimal savings. His life is already a tightrope walk over financial ruin when an argument with his partner leads to a domestic abuse charge. Arrested and unable to communicate with his employer, he is summarily fired after missing work without explanation, compounding his woes. In court, his bail is set at $70,000. To secure a bail bond, he must provide a non-refundable 10% ($7,000) to a bail bondsman, an amount far beyond his means. In desperation, his partner takes a predatory title loan on her car, but the high-interest rate is a ticking time bomb of debt.

 

The Consequences of Cash Bail

This man’s story is not unique. Cash bail disproportionately affects underprivileged families, who are often unable to afford the bail amount. Here are several ways in which cash bail can be detrimental:

  1. Economic spiral: The inability to afford bail means that the accused remains incarcerated, unable to work and support their family. This loss of income can lead to evictions, food insecurity, and a cascade of other financial crises.
  2. Family strain: With the primary breadwinner in jail, families are left to fend for themselves. Relationships strain under the weight of financial stress and the emotional toll of separation.
  3. Cyclical poverty: To make bail, families may resort to desperate measures, like predatory loans, which can trap them in a cycle of debt and poverty from which it is incredibly difficult to escape.
  4. Impact on employment: Job loss following an arrest can be devastating. Even if the charges are dropped or the individual is found not guilty, the damage to their employment prospects can be long-lasting.
  5. Forced plea deals: Stuck in jail and desperate to return to their families, some may accept plea deals for crimes they didn’t commit, resulting in criminal records that further hinder their ability to secure employment and stable housing.
  6. Mental health: The stress and anxiety of being trapped in a cycle of incarceration and financial instability can have severe mental health consequences not only for the detained individual, as well as for their family members. The uncertainty and powerlessness can lead to depression, anxiety, and trauma, particularly for children who are impacted by the absence of a parent.
  7. Children’s well-being: Children are often the silent sufferers in these situations. They may experience disruptions to their education, social life, and overall sense of security. The long-term effects of parental incarceration on children can include educational setbacks, behavioral issues, and increased likelihood of future interactions with the criminal justice system.
  8. Social marginalization: As families struggle with the stigma of arrest and incarceration, they may become isolated from their communities. This can result in a lack of social support and resources that are vital for overcoming difficult circumstances.
  9. Housing instability: When rent cannot be paid because the primary earner is in jail, the risk of eviction increases. Housing instability can lead to homelessness or reliance on shelters, further destabilizing family life and children’s development.
  10. Reversing God’s work: For those who view social justice through a religious lens, the cash bail system can be seen as antithetical to the teachings of compassion, mercy, and support for the less fortunate. It punishes the poor for their poverty, deepening inequality, and undermining efforts to create a society that reflects divine principles of fairness and assistance to those in need.

 

A Call or Reform

The case study we’ve explored is a microcosm of a systemic problem that calls for reform. The cash bail system, in its current form, is a mechanism that punishes people for being poor, further entrenching them in a cycle of poverty and legal entanglement. Bail reform efforts are gaining traction across the country, with some jurisdictions eliminating cash bail for non-violent offenses or implementing risk assessment tools to determine if defendants can be safely released without financial conditions. Reform advocates argue for a system that is more just and equitable, one that does not arbitrarily penalize individuals based on their economic status.

They propose alternatives such as:

  • Pretrial services: Monitoring and support programs that help ensure individuals appear for court dates without the need for financial bail
  • Community bail funds: Nonprofit organizations that use donated funds to pay bail for individuals who cannot afford it, allowing them to return to their families and jobs while awaiting trial
  • Risk-based assessments: Using evidence-based methods to assess the risk of flight or re-offending, rather than using a one-size-fits-all financial bail system

 

Conclusion

The cash bail system, as it stands, is a machine of inadvertent oppression, disproportionately crushing underprivileged families under the weight of economic and social hardship. The story of our hypothetical protagonist is not just a narrative; it is a reality for many. To align our justice system with values of fairness and compassion, we must continue to advocate for bail reform and support alternatives that do not penalize poverty. In doing so, we move closer to a society that better reflects the ideals of support and rehabilitation, rather than punishment and exclusion.

To gain a profound insight into the realities within our community, I warmly welcome you to join me at Court Watch in partnership with the Minnesota Freedom Fund. This presents an invaluable opportunity to engage in our mission for justice by witnessing, documenting, and sharing experiences from the pretrial sentencing process. For those eager to learn more, please don’t hesitate to contact me via email at m.lewis@mpls-synod.org.