The question that has been circling since the beginning of time is whether bail is a gateway to justice or a barrier to freedom. Throughout a century of legal history, the dilemma of whether bail serves as a means of obtaining justice or a barrier to freedom has remained, indicating a fundamental contradiction within the criminal justice system. Essentially, bail is meant to maintain a defendant’s belief in innocence unless and until they are found guilty while also striking a careful balance between two basic views. Some people use bail as a means of gaining their release from custody and carrying on with their lives while awaiting trial, which is essential to the right to due process and access to justice. But for other people, especially those from underprivileged backgrounds or those who are struggling financially, bail requirements can be a huge obstacle that takes away their freedom before they’ve even had a chance to appear in court.
The debate over the dual role of bail reflects larger worries about equality, justice, and the disproportionate harm that the criminal justice system does to disadvantaged groups of people. Although the implementation of bail has frequently reinforced inequality, with low-income defendants particularly impacted by pretrial detention, it is supposedly intended to prevent flight risk and ensure public safety. Data has shown that every year, 7 million individuals are sentenced to prison across the nation. More than 60% of people are incarcerated on any given day because they are unable to pay the cash bail needed to be released from jail (Watford and Oliveira 2013). These changes seek to change bail from a source of inequity into a tool for advancing justice administration’s fairness, accountability, and openness by attempting to find a balance between public safety, defendant rights, and community well-being.
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