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Difficulties Paying Bail Regardless of Wealth

  • Writer: Raymund Narag
    Raymund Narag
  • Nov 13, 2023
  • 1 min read

Somewhat lost in the above discussion of the inequities of bail is that, even for people with money, bail payment systems in the United States are often extraordinarily difficult to navigate, leading even people with financial resources to spend time in jail while waiting for their friends or family to figure out how to successfully pay their bail. In New York City, for example, research uncovered a byzantine bail payment process that poses significant obstacles to defendants and their families from all social classes. For example, even in many cases when a friend or family member was available and had the resources to pay bail, if the defendant was transferred to the custody of the jail (even though still physically located in the courthouse), the friend or family member could not pay the bail until the defendant completed the intake process at the jail, causing several hours of delay (White et al. 2015). Moreover, in 2018, 85% of defendants who paid bail in New York City were unable to do so in time to avoid a jail stay. Thus, even though bail produces even higher pretrial detention rates and longer lengths of stay for those who lack money, bail often leads to jail to some extent irrespective of ability to pay. This is not to reject that those who lack wealth are disadvantaged; they are. The point is that in bail payment system’s like New York City’s, there are inherent inefficiencies faced by everyone. Sounds very similar to the Philippines?

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