The concept that individuals are innocent until proven guilty is not always reflected in the manner in which our legal systems operate. Often people who haven’t been convicted of any criminal activity suffer unduly due to practices such as cash bail, which may inadvertently marginalize those without substantial financial resources. Cash bail can, at times, equate to handing down a sentence of detention pre-trial for those who can’t afford their freedom. In relation to this, some argue that the system criminalizes poverty.
However, Illinois has recently challenged this norm by abolishing cash bail – a move that has seen promising results. According to the ABA Journal, the jail population in Cook County, Illinois, has decreased and pretrial detention hearings are becoming more elongated since the law was implemented. This law making Illinois the first state in the nation to eliminate cash bail came into effect after the state supreme court dismissed arguments that questioned its constitutionality.
However, it does not come without challenges. Smaller counties are finding it difficult to handle the lengthier detention hearings. But, rather than reverting back to a cash bail system – a practice alleged to violate the Constitution, the answer might be to redirect more resources to these smaller bodies.
The unique division of authorities between federal and state in the United States allows each of the 50 states to act as “laboratories of democracy”, testing new approaches to law for better outcomes. The results from this initiative, albeit only in its first month, may be an indicator of an area of criminal reform worth exploring in other states such as New Jersey and New York.
More can be read in the original article published by the ABA Journal: How Elimination Of Cash Bail Is Working In Illinois After 1 Month.