Our city deserves a bail system that not only ensures that defendants return for court appearances, but that does not punish people for their poverty, is not racially discriminatory, does not distort case outcomes and runs efficiently.
We’re not there yet, and much of the blame belongs to the de facto underutilization of our bail statute by everyone involved—the Criminal Justice Agency, prosecutors, defense counsel and courts. While only 7 percent of defendants fail to appear at an appointed hearing or trial date, or voluntarily within 30 days thereafter,1 the cost is extraordinary to poor defendants, to minority defendants, to taxpayers and to the criminal justice system as a whole.
