![]() ![]() Many jurisdictions across the United States are rethinking the way they use jails, reforming pretrial practices to ensure that defendants’ rights to be presumed innocent and treated equally under the law are preserved, regardless of their income. What is more, the cash bail system often leads to the detention of people who do not pose a threat to public safety. Studies show that pretrial detention can actually increase a person’s likelihood of rearrest upon release, perpetuating an endless cycle of arrest and incarceration. ![]() Spending even a few days in jail can result in people losing their job, housing, and even custody of their children. Increase in the use of pretrial detention between 19 Cash bail perpetuates inequities in the justice system that are disproportionately felt by communities of color and those experiencing poverty. In effect, the cash bail system criminalizes poverty, as people who are unable to afford bail are detained while they await trial for weeks or even months. The cash amount serves as collateral to ensure that the defendant appears in court for their trial. Most jurisdictions in the country operate a cash bail system, in which the court determines an amount of money that a person has to pay in order to secure their release from detention. This amounts to nearly half a million people sitting in jails each day, despite the fact that they are legally innocent of the crime with which they have been charged. ![]() jails today have not been convicted of a crime. This fact sheet will be periodically updated to account for new policy developments. ![]()
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