By Jacob Denney, Medium
This week, California legislatures moved forward in passing Senate Bill 10 to eliminate money bail. While eliminating money bail is desperately needed to fix our broken criminal justice system, the bill as it stands now will do nothing to disrupt the legacy of racial and economic injustice that has shaped our state’s criminal justice system. In fact, the bill will likely ensure a continuance of that legacy.
To be clear, we must get rid of money bail in order to address the deep inequities of our current criminal justice system. Money bail disproportionately punishes people with low incomes and people of color. It creates a two-tiered system of justice, one where those who can afford it are released from pretrial incarceration and everyone else is trapped in jail, unable to work, support their families, or assist in their own defense. This system reduces economic stability, particularly for families who are already struggling, and destroys thousands of people’s lives in California every year. Senate Bill 10 is likely to do the exact same thing.
Senate Bill 10 would replace the discriminatory money bail system with a new structure where anyone accused of a crime can be held pretrial, regardless of the circumstances. Dubbed “preventive detention,” this discretionary evaluation process would enable judges and prosecutors to hold people accused of crimes in jail with remarkable ease. This means that more, rather than fewer, Californians would likely end up behind bars while waiting for trial.
Click here to read Jacob’s full op-ed.