Bailing on the Bondsman: An Argument for Abolishing Monetary Bail

Authors

Sean Freeland M.S., J.D., Duncan School of Law, Lincoln Memorial University

First & Last Page

50-68

Abstract

Money bail as a condition for pretrial release has existed throughout American history. Two out of every three inmates held in jails across the United States have not been tried for a crime and are only held because they cannot afford to pay the cost of their bail. The longer a defendant awaits trial in detention, the higher the chance they will be convicted of a crime and sentenced to a longer term than a defendant who is awarded pretrial release. The prolonged time awaiting trial in detention contributes to recidivism and increased criminalization for individuals and their communities. For those defendants that are released pretrial and skip bail, the court requires them or their bail bond lenders to pay the court the full amount of their bail through the forfeiture process. However, loopholes allow defendants or their sureties off the proverbial hook when courts complete the process. This Note offers a solution to the conundrums of the forfeiture process and the increased risk of inequity that pretrial detention does not solve. This Note identifies many solutions, but the most poignant is an outright abolition of pretrial release being contingent on financial circumstances.

Money bail as a condition for pretrial release has existed throughout American history. Two out of every three inmates held in jails across the United States have not been tried for a crime and are only held because they cannot afford to pay the cost of their bail. The longer a defendant awaits trial in detention, the higher the chance they will be convicted of a crime and sentenced to a longer term than a defendant who is awarded pretrial release. The prolonged time awaiting trial in detention contributes to recidivism and increased criminalization for individuals and their communities. For those defendants that are released pretrial and skip bail, the court requires them or their bail bond lenders to pay the court the full amount of their bail through the forfeiture process. However, loopholes allow defendants or their sureties off the proverbial hook when courts complete the process. This Note offers a solution to the conundrums of the forfeiture process and the increased risk of inequity that pretrial detention does not solve. This Note identifies many solutions, but the most poignant is an outright abolition of pretrial release being contingent on financial circumstances.

Recommended Citation

Sean Freeland M.S., J.D., Bailing on the Bondsman: An Argument for Abolishing Monetary Bail, 11 Lincoln Mem’l U. L. Rev. (2023).
Available at: https://digitalcommons.lmunet.edu/lmulrev/vol11/iss1/1