OMAHA- The American incarceration policy in recent decades has not only been incarcerating people who have been convicted of crimes, but also those who have not. In 2019, over 600,000 people on any given day were being held in city and county jails. 75% of those people are awaiting trial and technically should be presumed to be innocent. This system is what is contributing to mass incarceration.
The number of incarcerated criminals has remained relativity stable, but the amount of people in jail has soared. 99% of the growth in the jail population has come from people who have not been found guilty of anything, many being people who were denied bail or simply could not afford their bail.
The 8th and 14th Amendments are in place to protect citizens from being incarcerated without first being put through due process, including not being tasked with paying an excessive bail for freedom. Americans are supposed to be free until their trial is over and they are found guilty of a crime.
Now, in cities like Chicago where shootings and homicides have seemingly increased, critics of bail reform are blaming those homicides on the reform movements happening. They believe if more people who had been arrested were required to pay bail, the community would be safer. Reforms have only had a small effect on the number of defendants allowed out of jail before trial, rising just 4%, or 500 people. However, 57% of those people did not have to come up with cash for bail compared to 26% before and 80% of those released did not miss a court appearance. $31 million in bail costs were also saved.
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