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MADISON - ST. CLAIR RECORD

Monday, March 18, 2024

Ending cash bail is fair to the poor

Letter to the Editor

To the Editor:

The U.S. Constitution is the rule book for the police officer, the lawyer, and the judge. The Constitution’s most important guarantee is every citizen is innocent until proven guilty. A citizen who is arrested is only charged, has not been tried, and is cloaked in the presumption of innocence. This protects us all from the government. Because he or she is innocent, a citizen should not stay locked up waiting for trial unless he is a flight risk or is a danger to the community. 

When poor citizens are arrested and charged with a felony, many are locked up while waiting for trial because they cannot afford to pay cash bail. People with money usually get out of jail because they can pay cash bail.  The Illinois Pretrial Fairness Act was recently made the law, and it changes this double standard. The ability to pay cash bail will be taken out of the equation to determine if someone stays locked up. Our elected judges will make the decision of who stays in jail waiting for trial. We trust judges for their wisdom, but many southern Illinois police and prosecutors are against the change.

The Center for American Progress writes on the harm of pretrial detention, “Spending even a few days in jail can result in people losing their job, housing, and even custody of their children. Studies show that pretrial detention can actually increase a person’s likelihood of rearrest upon release, perpetuating an endless cycle of arrest and incarceration.” 

According to the Vera Institute of Justice, nationwide, the numbers of people waiting in jail have increased, “even with crime rates at historic lows…people who lack the means to post bail—largely those from poor communities… have been impacted most profoundly.” In Illinois, judges have always used decision-making judgment on pre-trial release, and judges will use that same decision-making judgment in the future. We should elect and trust judges for their knowledge and experience to make tough decision.

When a poor, non-violent citizen is arrested they can sit in jail waiting for trial.  The citizen is innocent until proven guilty, but they cannot pay a cash bail because they are poor.  A few thousand dollars away from leaving jail, the citizen may be forced further into poverty and pushed further from the basic American Dream. Held from freedom, they may take a plea bargain of guilty to get out, even if innocent. The guilty plea is a conviction that marks this citizen for life. A citizen with money is charged with the exact same offense and pays cash bail to get out. He or she keeps a job and home: no sitting in jail; no lost income; no pressure to plead guilty when innocent. 

In extreme circumstances cash bail can destroy lives. According to the Brennan Center for Justice, “Kalief Browder was a 16-year-old accused of stealing a backpack in New York City. Bail was set at $3,000, and his family couldn’t pay it. Browder languished in jail for three years awaiting trial, spending much of the time in solitary confinement. Eventually, prosecutors dropped the charges against him, but the damage was done — Browder committed suicide soon after his release.” 

These tragic results may be more rare, but the Illinois legislature saw a pervasive, unnecessary problem and addressed it. Illinois is the first state in the nation to abolish cash bail. 

The media has reported that some Metro East and southern Illinois police departments and prosecutors are against the change. They have a tough job, and keeping our community safe is their prime mission. They say pretrial detention protects the community. The Illinois Pretrial Fairness Act causes them to worry about community safety. Will abolishing cash bail force judges to put violent people back on the street?  When cash bail is gone, will our communities be put at higher risk?

Evidence shows that eliminating cash bail, with the right protections, does not increase danger. According to Data for Progress, “The District of Columbia prohibited the use of money bail in the 1990s. D.C. releases 94% of people charged with crimes, of whom just over 1% are rearrested for a violent offense while pending trial.”  

According the Brennan Center for Justice, “Initiatives in cities like Philadelphia have ended the use of cash bail for low-level offenders. The move allowed authorities to release over 1,700 people who were awaiting trial; an assessment found no negative impact on recidivism or courtroom appearance rates. In fact, the city’s First Judicial District reported record-high appearance rates.” In Illinois we trust judges with these tough decisions. 

The New York Times reports, under the new Illinois law, “judges will be presented with evidence to determine what kind of risk releasing a defendant poses to the community and whether the defendant can be counted on to return to court. A judge will then determine if the person should be held in detention until trial.”  

Before a citizen will be released, a judge will hold a hearing. If the defendant “poses a real and present threat to the physical safety of any person or persons” he will not be released. There are important factors for our judges to consider: the crime charged and its level of violence; weapon use or potential access to a weapon; the defendant’s history; and the age and physical condition of the alleged victim. 

Both poor citizens with violent tendencies and not-poor citizens with violent tendencies will stay locked up waiting for trial. The ability to pay cash bail will be taken out of the mix, and we will not keep people in jail because they are poor while the not-poor go free for the same offenses. The cascading effects of cash-bail on poverty will end. Our justice system will become more fair, and the right of innocence until trial, guaranteed by The Constitution will be equalized for the poor. 

Ted Gianaris, Edwardsville

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