Pretrial Detention and Inability to Pay: Understanding the Defendant’s Role in the Bond Process

• In Event: Current Issues in Pretrial Detention and Jail Management

Abstract

There is controversy surrounding the pretrial release mechanisms utilized in the United States which include: commercial bonds, cash bonds, personal recognizance bonds, and pretrial service release bonds. Currently, there are a number of ongoing lawsuits challenging the use of commercial bail bonds. These lawsuits focus on the inability of the defendant to pay the bond and the application of bail bond schedules to identify bond amounts. While no defendant should be held pretrial solely due to an inability pay, there is a gap in knowledge surrounding the reasons defendants may not bail out. While an inability to pay is often assumed the primary reason, the current study explores the existence of alternative explanations using qualitative, semi-structured interviews in a small, southern city. A better understanding of the defendant’s role behind the bond process can help inform criminal justice reform and alternative release programs.

Authors

• Stephen James Clipper, University of Alabama

• Joshua Wakeham, University of Alabama

• Jane C. Daquin, University of Alabama