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Rational and Transparent Bail Decision Making - Pretrial Justice Institute 2012 

11-13-2017 10:53 AM

Two significant issues that have faced the criminal justice system over the past 30 years have been the movement toward mass incarceration and the resulting disproportionate impact of that movement on racial, ethnic and economic minorities. Much of the attention in regards to those issues has been focused on law enforcement policies and sentencing practices and o"ender reentry. Very little attention has been paid to what happens between the time that law enforcement makes an arrest and the time the person is sentenced.

But mass incarceration and its impact on minorities is exacerbated every time a defendant who could have been safely released on citation is instead taken to the jail, every time a defendant has to standin court at first appearance without an attorney, every time a defendant’s access to cash determines whether he or she goes home to await trial or spends months in jail. The cash-based bail process plays a large role in mass incarceration, but there is an alternative to that process that will make pretrial release safe, fair and e"ective, and do so in a way that is rational and transparent.

#moneybail
#alternatives
#PretrialAssessment

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