Cash bail, used in most states across the United States, refers to the sum of money that a defendant must pay to be released from jail until their trial or plea deal. Cash bail was designed to ensure that individuals arrested for a crime would return to court to face their charges. Unfortunately, cash bail is a significant contributor to pretrial detention. There are approximately half a million people that are incarcerated (who have not yet been convicted of a crime) solely because they are unable to pay their bail. Cash bail has contributed to the mass incarceration of poor people and people of color, as those who cannot afford to pay their bail are forced to sit in jail until their trial (which can be weeks, months, or even years). The issue of cash bail has been exacerbated due to for-profit bail bond companies and insurance companies (Onyekwere, 2021). The issue of cash bail is directly related to race, class, and gender because it disproportionately affects low-income people, people of color, and women in the United States. Low-income defendants are often unable to pay bail, and thus are held in jail until their trial or plea. This can have negative consequences on the outcome of their case, as well as the defendants' mental health, physical health, employment, housing, among other things. Cash bail is racially discriminatory; defendants of color receive significantly higher bail amounts than white defendants charged with similar crimes. In addition to this, women of color, LGBTQ+ women, and women with children experience even more extreme consequences of the cash bail system (Onyekwere, 2021).

• Arnold, D., Dobbie, W. and Yang, C. S. (2018). Racial bias in bail decisions. The Quarterly Journal of Economics, 133(4), 1885-1932.
• Bail and its discrimination against the poor: A civil rights action as a vehicle of reform. (1974). Valparaiso University Law Review, 9(1), 167-191.
• Batkin, L. (2021). Wealth-based equal process and cash bail. New York University Law Review, 96(5), 1549–1581.
• Giles-Perkins, A. (2020). Justice Delayed Is Justice Denied: Holding Cash Bail Unconstitutional. Public Interest Law Reporter, 25(2), 102–114.
• Hunter, L. (2020, March 16). What you need to know about ending cash bail. The Center for American Progress. https://www.americanprogress.org/article/ending-cash-bail/
• Jones, S. (2020). Ending cash bail is a women's rights issue. Georgetown Journal of Gender and the Law, 22(1), 1-7.
• Sardar, M. B. (2019). Give me liberty or give me alternatives: ending cash bail and its impact on pretrial incarceration. Brooklyn Law Review, 84(4), 1421-1458.

1. Arnold et al. (2018) found substantial bias in black defendants. What factors explained the racial disparities in bail? What are their recommendations for addressing these factors?
2. What are some of the issues with the for-profit bail system in the United States as described in the readings and videos? How do these issues disproportionately impact poor, minority people facing criminal charges?
3. In the VICE video, a bail bondsman states, "I finance people's freedom." Why is this statement problematic? How does this relate to the constitutional concerns discussed in the Batkin (2021) reading?
4. Several resources mention the psychological trauma that individuals endure as a result of being forced to sit in jail due to the cash bail system. What are some other negative effects that individuals may experience as a result of the cash bail system?
5. How does the cash bail system disproportionately impact women? What types of women are at most risk for being impacted by the cash bail system?
6. What are some of the alternatives to cash bail? What are some of the arguments in favor and against these alternatives?