The Case for Eliminating Cash Bail
Cash Bail is inherently anti-justice, disproportionately impacting those who are already at a societal disadvantage. It's time to overhaul the bail system and focus instead on programs that will support defendants in the time between arrest/summons and trial. What is bail? Bail is a set of pre-trial conditions assigned to a person who has been arrested to ensure their compliance with the law. It is a constitutional right granted by both the United States’ and the Maine constitutions. A cornerstone of the United States justice system is the presumption of innocence, meaning that before incarceration, a person must be convicted of a crime. However, with a cash bail system, a defendant can be required to pay a fee before release. If they cannot pay, they are jailed until they can pay, meet with a judge, or go to trial. This could be just a few days, but it could also last for years. How is that legal? The Statutes relative to the Maine Bail Code are found in Title 15, Chapter ...