The use of cash bail is tied to race and class inequality
Throughout much of California’s history, if a person is arrested and charged with a crime, they may be required to post bail in order to be released from jail prior to trial. While this system has been in place for decades, it didn’t always work well. Too often, wealthy defendants charged with serious crimes were able to get out on bail, while people without access to cash were stuck in jail for months or even years before trial.
One notable story occurred to a young man named Kalief Browder, who was arrested in New York on suspicion of stealing a backpack. His family was not allowed to post his bail, and he was in solitary confinement for two years. After his release, he suffered from mental health issues and ultimately died by suicide. While this story is from New York, it isn’t uncommon for people throughout California to be affected in a similar way by the cash bail system.
In 2018, Governor Jerry Brown signed Senate Bill 10 (SB 10) into law, which was designed to eliminate the cash bail system. SB 10 has been the subject of much debate and litigation since its passage, by those who argue that eliminating cash bail will be a danger to society if released, and by those who argue that using an algorithm instead of cash bail will perpetuate racial inequalities. The outcome of the law will be decided this month, as California voters make a decision on Proposition 25.
A new study from the California Policy Lab at the University of California adds some more data to the debate. According to the study, pre-arraignment custody levels (that is, people who ware held in jail prior to being arraigned) will drop if cash bail is eliminated. According to the study’s authors, 85% of people arrested in San Francisco County who are low to moderate risk would be eligible for release before they are arraigned (up from 44%). In Sonoma County, 91% of people who are considered low to moderate risk would be released, as compared to 65% under current law.
These statistics are important for several reasons. As the COVID-19 pandemic has taught us, people who are held in jail are at increased risk for a number of issues, including infection. In addition, when people are held in jail prior to being arraigned, they don’t have an opportunity to continue to work, seek support, and otherwise get back to their normal lives while they await trial. As a criminal attorney in Riverside, CA can explain, our justice system presumes that a person is innocent until they are proven guilty. Unless they are a serious risk, then there is no reason to keep them in jail until they have actually been convicted of a crime.
If you have been charged with a criminal offense, the Chambers Law Firm is here for you. Reach out today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a criminal attorney in Riverside, CA.
