Presumed Innocent, Punished Anyway

How Bail, Pretrial Detention, and Plea Deals Perpetuate Injustice

Resumen

The United States cash bail is embedded with systemic inequalities, allowing for race and economic class to influence pretrial detention outcomes. The current bail process disproportionately impacts marginalized groups, with Black and Latinx individuals facing significantly higher bail amounts and harsher pretrial conditions due to judicial bias and systemic economic disparities. This paper underscores the consequences of a system that equates wealth over freedom while exploring the interconnected issues of pretrial detention, plea bargaining, and the financial exploitation inherent in the commercial bail system. Case studies from jurisdictions like Washington, D.C., Illinois, and Kentucky demonstrate the efficacy of reformed models of a bail system. By envisioning a system that prioritizes equity, public safety, and constitutional rights over profit, this paper highlights the need for a reformed bail system that dismantles discrimination and upholds the values of justice.