Does the cost of Bail Reform Outweigh its Effects on Crime Control, Recidivism, and Public Safety?

• In Event: Roundtable: Criminal Justice Policy

Abstract

The U.S. cash bail system has faced sustained criticism for disproportionately detaining individuals from low-income and marginalized communities, often solely due to their inability to pay contextually excessive fees. As a result, many legally innocent people are held in pretrial detention, contributing to chronic overcrowding in U.S. jails. For instance, jails in Kentucky operated above their rated capacity in 20 of the 21 years between 2002 and 2022. In response, several states have implemented reforms aimed at limiting or eliminating the use of cash bail. Eliminating cash as a means of pretrial release might appreciably diminish jail populations, especially in marginalized communities, which have been impacted most severely by unfair bail practices. However, concerns about such reforms' potential public safety implications, particularly concerning violent crime, remain central to ongoing policy debates.

Authors

• Michael C. Walker, Passaic County Community College

• Charles L. Tucker, Passaic County Community College

• Maria (Maki) Haberfeld, John Jay College of Criminal Justice

• Michael D. Tucker, North Carolina Central University

• Corey Simpson, John Jay College of Criminal Justice

• Danye Medhin, Georgia State University

• John J. Robb, Passaic County Community College