“Innocent until proven guilty” is a legal principle that has influenced everything from Ancient Roman law to the US criminal legal system. Here in the US, though, given how there are almost half a million people behind bars right now just because they can’t afford to pay bail, we’re thinking it should really be “guilty until proven wealthy.”
Well, that’s not the case in Illinois, not anymore.
In a major victory for fairness and racial justice, Illinois became the first state to get rid of the racist and predatory practice of cash bail last year. That means people will no longer be incarcerated before their trial simply because they can’t afford the price of their freedom.
Here’s a simplified version of how cash bail works: If someone who has been arrested can afford to pay bail, then they can go free before their trial. But if they can’t, then they have to stay locked up—away from their family, away from their community.
This system is why hundreds of thousands of people in the US are behind bars right now even though they haven’t been convicted of the crime they were charged with. They’re in jail not because they’re dangerous, but simply because they can’t afford bail. Studies indicate that 80% of people snared in the criminal legal system are considered “indigent”—that means they can’t afford basic necessities, like food or rent, let alone a lawyer or the cost of bail. Bail amounts as low as $250 or $500 have a devastating impact on people and their families.
Bottom line, the practice of cash bail criminalizes and perpetuates poverty.
Cash bail also disproportionately impacts Black people. Why? Because the criminal legal system disproportionately impacts Black people. Black people are routinely held in jail longer than white people who were charged with the same crimes. They also spend far more time in prison than white people who were convicted of the same crimes.
Startling racial biases can be found when it comes to cash bail as well:
Illinois passed the Pretrial Fairness Act last September, becoming the first state in the nation to end cash bail—after years of dedicated and relentless advocacy from organizers and people who had direct experience with the unfair bail system.
Now pretrial release decisions in Illinois are based on the facts of a case, not a person’s finances. More people are able to maintain employment, housing, and positive family and social connections while awaiting trial—which benefits them AND their communities.
Early data suggests that the Pretrial Fairness Act is a success! It’s only been in place for about 8 months, but over that time:
Other states and localities looking to end cash bail should look to Illinois as a model.
Building on the success of the Pretrial Fairness Act, organizers in Illinois rallied support for the Pretrial Success Act, which would dramatically increase access to health and human services for people awaiting trial.
These are the same kinds of supports, by the way, that actually address the root causes of incarceration and can help people steer clear of the criminal legal system in the first place.
Well, (drumroll please…) the Pretrial Success Act just passed! That means funding will soon be provided statewide to help people:
Illinois is showing the rest of the country that ending cash bail can have a huge positive impact on people and communities.
The Pretrial Success Act can serve as a model for what comes next: Investing in vital supports and services that strengthen communities and give people the help they need to succeed.
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