Bail and Bonds, A Tax on the Poor? Jeffrey J. Clayton

Mid-Atlantic - conversations about US, UK and world politics

The podcast episode from "Mid Atlantic" with host Roifield Brown features the topic of bail and criminal justice reform in the U.S., contrasting it with the UK's approach. The guest, Jeffrey J. Clayton, Executive Director of the American Bail Coalition, https://ambailcoalition.org provides insights into the complexities of the American bail system, its historical background, current challenges, and debates surrounding reform efforts. The episode illuminates the stark differences in how bail is approached in the U.S. and the UK, highlighting the impact on freedom, equality, and justice, particularly for marginalised communities in the U.S.

Key Points:

• Comparison of U.S. and UK Bail Systems: The U.S. system, reliant on commercial bail bonds, starkly contrasts with the UK's preference for granting bail without such bonds, raising questions about justice and equality.
• Disproportionate Impact on Marginalised Communities: The financial burden of bail in the U.S. often means that wealth determines pre-trial freedom, disproportionately harming black and poor Americans.
• Divergence in State Policies: Some states like Illinois, New Jersey, and New Mexico are moving away from monetary bonds, while others like Georgia and New York are tightening bail requirements.
• Increase in Pretrial Detention Rates: From 1984 to present, the detention rate has increased from 24% to 75%, indicating a shift towards mass pretrial incarceration.
• Challenges with Non-Monetary Pretrial Conditions: The growing use of ankle monitors, house arrest, and other conditions has become a significant and costly part of the pretrial process.

Notable Quotes:

1. "We've substituted the evils of money bail in the federal system for a system of mass federal pretrial incarceration."
2. "The presumption of crime...really does affect people's attitudes around monetary bail and its efficacy."
3. "Bail challenges prosecutors to act...there's no incentive to get a conviction when you've already got pretrial detention."
4. "Our system...it's really a test of your ties to the community. Can you find a third party to put up a financial guarantee?"

Organisations Advocating for Bail Reform:

1. The Bail Project (https://bailproject.org): A national nonprofit organization that provides bail assistance and advocates for bail reform across the U.S.
2. American Civil Liberties Union (ACLU) (https://www.aclu.org): Advocates for a fairer justice system and works on various fronts, including bail reform, to ensure equality and justice for all, particularly marginalized communities.
3. Equal Justice Under Law (https://equaljusticeunderlaw.org): Focuses on ending wealth-based discrimination in the justice system, including challenges to the cash bail system.
4. National Bail Fund Network (https://www.communityjusticeexchange.org/nbfn-directory): A directory of over 60 community bail and bond funds across the U.S. that work to prevent incarceration and combat racial and economic disparities in the bail system.

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