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Report makes case for eliminating cash bail system

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Monday, October 7, 2024   

A new report outlines how eliminating cash bail could affect people in Mississippi and beyond.

The ACLU of Mississippi said 14 of 25 people in jail have not been convicted of a crime and the system penalizes them unfairly when they're unable to pay their bail. The report from the Brennan Center for Justice notes critics often blame bail reform for rising crime but data show no direct link.

Ames Grawert, senior counsel at the Brennan Center and the report's co-author, pointed out research shows cash bail imposes economic hardships most often on people from marginalized communities.

"People who are Latino or Black and accused of crimes, their bail amounts tend to be set higher and this can be a huge burden to those communities," Grawert explained. "Even if someone is able to secure a bond rather than pay the amount of money required by the court outright, those bonds can often come with very high, nonrefundable fees."

The report studied 33 cities nationwide and although none were in Mississippi, the findings undermined the assertion that bail reform would lead to higher crime rates. The study also highlights how ending cash bail could help reduce what it calls the "collateral damage" of incarceration, which often limits people's access to essential services and increases the likelihood of recidivism.

Grawert added more recently, bail reform has come under criticism as people looked for explanations for why crime rose during the pandemic. He argued the increase did not have anything to do with bail reform.

"We saw in 2020 an around 30% increase in homicides and around 10% increase in assaults," Grawert reported. "Those are serious increases, so I think members of the public were very understandably looking for answers. What happened here and why? And I think bail reform emerged as a popular scapegoat."

Grawert believes abandoning the cash bail system and exploring alternative solutions could create a more equitable justice system in Mississippi. He recommended the state adopt a supervised release program, similar to one implemented in New York prior to bail reform. Supervised release includes services like court date reminders, counseling and job placement assistance.


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