The criminalization of poverty and the American bail system

• In Event: Poverty, Educational Attainment, and the Criminal Justice System

Abstract

This paper discusses the criminalization of poverty with special focus on the American bail system. Although several reforms have taken place to address the numerous criticisms of money bail, evidence suggests actual reform and changes are still needed. Given that the American incarcerated population remains one of the highest in the world, the need to reexamine money bail for pretrial release is imperative. The criminal justice system is populated with individuals from the poorest segments of American society and the presence of money bail further marginalizes these persons. Accordingly, the conflict theory which suggests those in power often use the law to exploit those with less power is used as a theoretical framework. Data from the Bureau of Justice Statistics are analyzed. The implications of findings and recommendations for future research are discussed.

Author

• Marika Dawkins, The University of Texas Rio Grande Valley