Cash Bail Is Racially Unfair And Violates Due Process

By Sonali Kolhatkar Photos: YouTube Screenshots Many Americans haven’t heard of cash bail. But the idea is central to an election year battle over racism, policing, and mass incarceration. When arrested on suspicion of committing a crime, everyone in the United States has the right to due process and to defend themselves in court. But in a cash bail system, when judges set bail amounts, those who cannot pay the full amount remain jailed indefinitely — a clear violation of their due process rights — while the rich can pay their way out of jail. A 2022 report by the U.S. Commission on Civil Rights examined the impact of cash bail and found that between 1970 and 2015, the number of people jailed before trial increased by a whopping 433 percent. There are currently about half a million such people stuck in jails across the nation who haven’t been tried or convicted of any crimes. The report also found “stark disparities with regards to race,” with Black and brown men most often subject to higher bail amounts. Thankfully, many states and cities are moving to reform this unfair practice. In 2023, Illinois became the first state to entirely abolish cash...