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    Bail Reform

    Vol. 57 No. 3   August 2018

    Courts & Judiciary

    The End of Money Bail?

    By Judge Nannette A. Baker

    This issue of The Judges’ Journal provides an overview of bail reform efforts in the United States, as jurisdictions continue to reexamine the constitutionality of money bail. Articles consider the history of bail, the human and societal costs of pretrial detention, pretrial reform efforts, and bail reform success stories, all of which offer judges practical advice for pursuing reform.

    Features

    Court Administration

    A Brief History of Bail

    By Timothy R. Schnacke

    Knowing the history of bail in England and America is crucial to navigating a path through our current generation of bail reform. Specifically, the history answers important questions about what triggers bail reform, what elements must be addressed, and how to avoid the need for bail reform in the future. The history is a “fundamental” of bail, and knowledge of bail’s history is of equal importance to knowledge of other fundamentals, such as the law and the pretrial research.
    Efficient Injustice: Too Much Pretrial Incarceration Damages the Integrity of Our Courts

    Courts & Judiciary

    Efficient Injustice: Too Much Pretrial Incarceration Damages the Integrity of Our Courts

    By John Raphling

    Pretrial incarceration forces poor people accused of low-level crimes to choose between extreme financial hardship caused by paying bail, suffering in jail to assert their right to trial, or giving up that right and pleading guilty to get out of custody. This results in unfair treatment of people based on their lack of wealth, and it diminishes the integrity of our court system.

    Courts & Judiciary

    Do Bail-Setting Judges in America’s State Courts Need Secured Money Bond? : The Experience of the District of Columbia Courts

    By Judge Truman A. Morrison III

    In most courtrooms in America, pretrial injustice is a continuing reality. The root of the injustice is monetized decision making by bail-setting judges. Judge Morrison shares his experience on the District of Columbia Superior Court, which has established a unique way to set bail to improve the quality of pretrial decision making.

    Pretrial Practice & Motions

    The Pathways of Pretrial Reform

    By Brook Hopkins and Colin Doyle

    Money bail was originally intended to ensure that people who were released from jail would return to court, but it has become a predatory financial system. The monetary toll of bail imposes high costs on those who are detained, their families, their communities, and the larger public. Hopkins and Doyle highlight recent pretrial reform efforts and show how they are helping to bring about effective change.

    Technology Column

    Ethics Column