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this post was submitted on 18 Jul 2023
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When you can pay for your freedom pending trial, it means that arrests will result in extended pre-trial incarceration disproportionately for poor people. Which further means that police can use the power of arrest - not conviction - to imprison people they find undesirable, based on specific officer biases. Pre-trial incarceration impacts the lives of poor people disproportionately, too, as they are more likely to lose employment, or lose enough work that they can't pay rent or a car payment, lose custody of children, etc. Not to mention that Illinois has never had bail bonds, so if a judge sets bail at $1000, you have to fork over $1000. I have that money available to me; plenty of people simply do not. Depending on the charges, it's also an incentive for poor people to plead guilty even if they know they are not, in order to get a shorter sentence or probation. Edit: And doing so means they now probably have a felony on their record, which will impact their employment opportunities and child custody for the rest of their lives.
Cash bail disproportionately punishes poorer people who have not been convicted of a crime.