The Impact of Bail Reform on the Justice System and Public Safety

CJ 406 Module Two Assignment Template "On any given day in 2020, roughly 630,000 people were locked up in local jails. The majority of them had not been convicted of a crime." (ACLU, 2023, p. 1). Societal Trend in Criminal JusticeBrief DescriptionHow the Trend Affects the Public How bail reform impacts the criminal justicesystem and the communityBail reform is the practice of trying to figure out waysto better handle the bail system. The reform is tryingto put an end to the for-profit bail industry that profitsfrom this injustice. Present bail policies are unlawfulbecause they violate the Fourteenth Amendment'srights to due process and equal protection, the EighthAmendment's restriction on high bail, and the SixthAmendment's provision of a prompt trial. Severalstates are looking at, or have already implemented,such reforms. For example, in 2019, New Yorkeliminated cash bail for misdemeanor and non-violentfelonies. New York is one of the few states that hasabolished bail for numerous felonies whilesimultaneously allowing state judges to considerwhether a person poses a threat to public safety whendeciding whether to keep them. Other states thathave limited bail use include New Jersey, Illinois, andCalifornia. New Jersey legislators have enacted bailreforms that take the individual into account whendetermining whether someone can return home,rather than just how much money that person has. In Illinois, cash bail has been eliminated and they are investing in other pretrial release alternatives. What bail reform means for the justice system is that it leads to a substantial decrease in incarceration. With fewer people detained, jails can better manage their resources. (Jay, 2023)."Reform to cash bail and pretrial practices promotes public safety and decreases harm for those who are arrested." (Preston, & Eisenberg, 2022, p. 1). Bail reform is critical for increasing public safety, ensuring due process, advancing racial justice, and protecting the public. It helps to reinforce the "innocent until proven guilty" mantra. Bail reform has allowed defendants to keep their jobs, housing, and custody of their children. It keeps people out of prison that do not need to be there. Meaning those that are non-violent offenders, low risks of flight, or low- level offenders. Individuals will also not be kept on bail if police or prosecutors "overcharge" a suspect. Many lower-level felony charges will eventually be resolved as misdemeanors or with a non-criminal disposition. If bail is established on a felony charge, a defendant may spend time in jail for a case that turns out to be a minor misdemeanor. (Sanders, 2023).