Introduction
America’s criminal justice system is constantly evolving, and one of the most contentious issues today concerns bail bonds and pretrial release. With the public increasingly concerned about the potential for injustices in the criminal justice system and the government seeking to promote efficiency and control costs, the need to review pretrial release options has become particularly relevant. The debate over bail bonds and pretrial release in the U.S. should be balanced, as both have advantages and disadvantages that must be weighed to ensure fairness and efficiency in the criminal justice system.
Pros and Cons of Traditional Bail Versus Pretrial Release
Traditional Bail
Pros
The traditional bail system has long been the default method of pretrial release in the United States. Generally, a defendant charged with a crime is released on bail pending trial, with the amount of bail determined by the court based on the severity of the crime. The advantage of this system is that it ensures that the defendant goes to trial, as failure to appear in court will result in the forfeiture of the bail (Funk, 2019). It also incentivizes the defendant to remain law-abiding during the pretrial period, as any further criminal activity will result in the revocation of bail.
Cons
However, the traditional bail system also has some significant drawbacks. Chief among these is that it is inherently biased towards those who can afford to pay bail. This means that those with lower incomes are more likely to remain in jail while awaiting trial, even though they may be innocent (Travers et al., 2020). Furthermore, the practice of cash bail can be expensive for the government, as it must pay for the detention of defendants who cannot afford the bail set by the court.
Relying on the bail system can lead to overcrowding in jails, as defendants who cannot pay their bail may be held for prolonged periods (Funk, 2019). Finally, the criminal justice system can be further undermined if people can purchase their freedom by paying a monetary sum, thus creating a two-tiered system of justice that favors those with money and resources.
Pretrial Release
Pros
In contrast to the traditional bail system, pretrial release involves a variety of options, such as supervised release, home confinement, and electronic monitoring. The approach of not requiring a financial guarantee of a defendant’s appearance in court is beneficial because it does not create a situation of inequality between those of differing economic backgrounds (Van Brunt & Bowman, 2018). This is also advantageous to the government, as it saves them money in avoiding the detention of those unable to pay bail. Additionally, it can provide defendants with much-needed guidance and support through the pretrial period, as the court holds them accountable.
Cons
Despite the potential benefits of pretrial release, it has drawbacks. For one, there is always the risk that the defendant will fail to appear in court or engage in further criminal activity, and thus evade justice (Hopkins et al., 2018). Moreover, there is the possibility of a danger to the public if the accused in violent crime cases or those with a history of violent conduct are granted pretrial release, as it could cause a risk to the community, especially if watchful guidance and supervision are not in place (Hopkins et al., 2018). Furthermore, the court may not have the available means to keep track of all the defendants on pretrial release.
Conclusion
In conclusion, the argument between pretrial release and regular bail is intricate and nuanced. Although traditional bail has the benefit of providing a monetary assurance of a defendant’s court presence, it is inevitably skewed in favor of those who can afford it. However, because the court watches and supervises them, pretrial release can offer prisoners more help and direction throughout the pretrial phase. However, there is always a chance that the defendant will not show up for court or commit more crimes. The court will determine the appropriate course of action in each unique situation.
References
Funk, K. (2019). The present crisis in American bail. The Yale Law Journal Forum. Web.
Hopkins, B., Bain, C., & Doyle, C. (2018). Principles of pretrial release. The Journal of Criminal Law and Criminology, 108(4), 679-700. Web.
Travers, M., Sarre, R., Day, A., Bartkowiak-Théron, I., Bond, C., Colvin, E. (2020). Rethinking bail: Court reform or business as usual? Springer International Publishing.
Van Brunt, A., & Bowman, L. E. (2018). Toward a just model of pretrial release: A history of bail reform and a prescription for what’s next. The Journal of Criminal Law & Criminology, 108(4). Web.