Cash bail

The idea of bail goes back to old English law and is incorporated in the 8th amendment of the constitution. Instead of a defendant languishing in jail awaiting trial, bail can be set and the person released. The bail is paid back to the defendant when he shows up for trial. Often times the bail is provided by a bail bondsman who guarantees to pay the court if the defendant fails to show up for trial. The bondsman covers the bail for a ten percent charge. If a person is arrested and charged with a crime the judge may allow the person to post bail instead of remaining in jail awaiting trial. If the bond is set at $10,000 the defendant pays a $1,000 fee to the bondsman and can go home. A problem arises because many poor people cannot afford the ten percent and so they remain in jail. Seeing this as discriminatory toward poor people some governments have dispensed with bail and the accused are allowed to go home with the their promise that they will show up on their appointed court date. New York tried eliminating cash bail but had to reverse the decision because many of those released quickly committee another crime. The safety of the citizens was deemed more important that any discrimination against the poor. Illinois has eliminated cash bail and some say that is one of the reasons why crime in cities like Chicago is on the upswing.