One of the aspects of the courts we have just examined involves pretrial release and bail. A fundamental premise of our justice system is that a person is presumed innocent until proven guilty at trial. Before that occurs, they have been convicted of nothing, yet many remain incarcerated until that trial. Others are released prior to trial under terms and conditions designed to ensure they will show up for trial (pre-trial release) and some are required to post money that will be forfeited if they fail to appear (bail).
1) What are the various factors a judge considers in deciding to release a defendant from custody pending trial? What are some of the risks a judge assumes when doing this? Noting the disparity in the number of whites released prior to trial versus people of color, is this evidence of deliberate discrimination by the justice system? If yes, support your conclusion, but make the case by doing more than just citing the numbers. If not, what other factors may be in play to explain this difference?
2) What are some of the problems associated with the bail bond system? What are some of the injustices it creates and what are potential ways it is corrupted?
3) The concept of “bail reform” has been implemented in many cities around the country during the past year. Has this been a positive development? Have there been unintended consequences? Support your response.