California Killed Unfair Cash Bail System

The California Legislature through Senate Bill 10 achieved a major victory by eliminating a cash bail system that regularly jailed people who could not afford to buy their freedom.

As a judge and former prosecutor in California, we have seen how pretrial detention can determine the outcome of an entire case and alter someone’s life forever. Even a short stint in jail can mean the loss of housing and employment, and can devastate families and communities. People desperate to go home are more likely to plead guilty even when they are innocent and tend to receive longer sentences if convicted.

Under the cash bail system, outcomes often turned on money. Right now, thousands of poor defendants who pose no risk sit in California jails, wasting scarce public resources and disproportionately affecting people of color.

Judges are entrusted to provide equal justice and protect the rights of all people. In criminal prosecutions, where the stakes are highest, that includes upholding due process and giving full meaning to the presumption of innocence. (Sacramento Bee, September 25, 2018)
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The purpose of bail is to ensure that a person has a clear stake in showing up to court.

The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” But, isn't any bail which a person cannot possibly pay excessive?

Bail allows for the release of an innocent person before trial. If we hold that a person is innocent until proven guilty, then we must hold that bail is intended for the innocent - once you are convicted bail is really not an option.

While there are exceptions to everything, the general rule should be that bail should never be required if a person has ties to the community (i.e. has a home, property, job, etc.).  Only when there are no ties to the community and there is a strong likelihood that a person will flee the jurisdiction should bail be a consideration.