Cash bail is an abomination of justice | Rattling the Bars – Everything Law and Order Blog

While the underlying logic of the cash bail system in the US may sound convincing on paper, in practice it has become a means of denying justice to, and destroying the lives of, people who have not even been convicted of a crime. “The US Constitution prohibits ‘excessive bail’” The Bail Project notes on their website. “Excessive bail forces people to stay in jail—even though they’ve not been convicted of anything. Unfortunately, today judges routinely set bail amounts that exceed what most people can afford. The result? Jails are full of people waiting for trial. They are presumed innocent on paper, but in practice, they are being held for weeks, months, and sometimes years as they wait for trial.” David Gaspar, CEO of The Bail Project, joins Mansa Musa on Rattling the Bars to talk about how cash bail creates a two-tier system of justice that punishes people for the “crime” of being poor—and what we can do about it.

David Gaspar is the Chief Executive Officer of The Bail Project, a nonprofit organization that provides free bail assistance to those in need and advocates for better, more humane pretrial policies. A formerly incarcerated individual directly affected by the cash bail system, Mr. Gaspar earned his GED and bachelor’s degree and studied law while in prison, won his appeal, and was released 11 years early.

Studio Production: David Hebden
Post-Production: Cameron Granadino

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42 thoughts on “Cash bail is an abomination of justice | Rattling the Bars”
  1. Ending cash bail seems like the last thing we should be doing with crime out of control in almost every major city.. You appear to be completely tone-deaf and indifferent to what's been going on in the United States, and too caught up, wrapped up, tied up, in your own political narrative, to see the writing on the wall. 😒

  2. Conspicuous by its absence is any mention of the damage done by those accused, who reoffend while released, whether O.R. or on bond. What about the victims? What about restitution?

  3. In fact, the biggest criminals run this system. It's true that people need to be accountable for their choices. However, given that many folks have had poor role models AND Poverty, racism, this system offers zero examples of ethics! Morality? Corruption is the US.

  4. Law has become a big business. Financial incentives move the state and the business model. Poor people are good for these motives.

  5. Im in NY where bail has been eliminated for most non violent crimes. Hate to tell you, eliminating bail means that criminals just keep committing crimes, multiple times a day in some instances. Car thefts, flagrant thefts at stores (smash and grabs), its getting ridiculous. Has to be another way. This isnt working.

  6. Dear sirs, i couldn't agree more, but aren't you forgetting the first step ? Do you realise there are countries that do not have bail at all, without problems ?
    Where the 'due dilligence' is on the people that put you in jail, or keep you there, to make sure first, one is not in jail for fuck sake ? 🙏✌

  7. Please. You should invite author Stephen Kinzer for an interview. The man is highly knowledgeable and intelligent on the history of the CIA

  8. In the Nation's Capitol, their is no cash bond and left up to the judge… (The way it should be in this country)-!!! J/S

  9. The big picture of things is that incarceration is a form of population kontrol and the continued war on the impoverished (by the rich & wealthy)… Btw, how many rich/wealthy people get incarcerated-?? Their are 2 systems of justice in America-!!! One for the rich/wealthy and another 'hard-core' system for the poor & 'Undesirable'… The Judiciary is no longer concerned about justice (for the most part), the Judiciary is concerned about MONEY-!!! Republican's HATE poor people… That is why when 'They' get tuff on crime, it usually means throwing the book at poor people and lock them away from the general population for as long as possible (population Kontrol)… The rotten (Corporate) penal system makes more money off of long sentances and recidivism-!!!!!!! So, HAIL YEAH it is 'class-warfare' in America-!!! How many people that fight in some of these ungodly wars & conflicts are rich and wealthy-??? The poor are the one's that usually get their name on some wall (population Kontrol) from the rich & wealthy… SAD. People are GREEDY AS HAIL in America (NOW)-!!! 🤔😞😠💩👎

  10. The whole system is based on your ignorance and fear, public defenders who kissed the district attorney in the hall who prosecuting me, and the first district court does not have vocal recorders to verify course of events and who and what said when, they changed my trial transcripts for intimidation of a jury, but they changed when it occurred, Judges rulings that are based on issues that are not even at issue at this appeal. the fact is you got all these rules to make you feel like you have some justice but thats not reality, it takes a act of god and eons of time for the government to admitt it has erred. I glad i did not make bail, I got 14 months credit. but I understand your frustration. a simple arrest with a 2 week min to be before judge is crippling to most of us,no job no residence and all your stuff disappears,

  11. reading about people grabbing multi-figures monthly as incomes in investments even in this crazy days in the market, any pointers on how to make substantial progress in earning? would be appreciated.

  12. I remember in 1974 having to pay $2500 to a bondsman for a case dismissed thirty days later. To me that was a huge amount of money. I now recall more of that incident. The person that I was arrested with was let go because he agreed to sign a statement on himself and me . I didn’t and because it was such a bad arrest that the case was dismissed but they had his statement admitting his guilt and did five years for it . All to avoid a single night in city lockup.

  13. does The Real News ever talk about the fact that criminals like the bush, biden and clinton families (and Obama) aren't even indicted, let alone jailed?

    NOPE!

  14. You've heard that "ignorance is bliss," right? Well, ignorance of law is pain and suffering. Also, the law will tell you ignorance of the law is not an excuse. As such, I believe basic law and your rights under those laws should be a mandatory class in pre-college education.

    For instance, the Eighth Amendment

    "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

    You do NOT have a RIGHT to bail. However, IF bail is granted, you do have a RIGHT to non-excessive bail, which is subjective. If you believe it is excessive, you may appeal to the court for a reduction, but you will be asked to show good cause.

    Next, the Sixth Amendment

    "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

    You have a RIGHT to a speedy trial. Which is absolute and those time limits are defined in your state's laws. UNLESS you WAIVE that right, which most people do without fully understanding or to appear cooperative with the Court/DA. Waiving time limits includes any and all requests, by you or your attorney, for more time, delays, continuances or scheduling PAST the deadline. Similar requests by the Court or the DA do NOT waive those time limits, unless you, or your attorney, agree to a date past your deadline.

    You have a RIGHT to councel. However, that councel doesn't have to be any good. So long as they passed the Bar exam. They aren't actually required to know the difference between their arse and a hole in the ground.

    In conclusion, invest in yourself, educate yourself and others as best you can. Have discussions and open debates with people with opposing view points, because yours might be inaccurate.

    And remember, none of them care about you. Not the judge, not the DA, not the officers and, for damn sure, not the court appointed attorney/public defender.

  15. I'm in this position with my son right now regarding my son. But there is no bail project to help me out here in Richland County here in Ohio. I'm frustrated with it. And my son has been in jail for two months now. His bail is at $100,000 for victimless offenses.

  16. The medical system is run by sadistic profiteers. My sister went for emergency medical treatment at a specialist psychiatric hospital, accused of a crime that didn’t happen, and has now been their prisoner for nearly twenty years, for political reasons. Don’t go to “mental health” practitioners if you can help it. They’re a large part of the problem, and the medical/psychological “services” industry is the main industry I know of that actually profits more from the harm they cause the population. That’s why the problem is only getting worse, not better. Do not count on the medical industry to be helpful. Be very, very careful who you choose as a practitioner, because they’re out for themselves and protecting their own industry first.

  17. The prison system is a corporation that benefits on our ignorance of the Law (land air water) & we haven’t been taught the way to navigate it. In fact, we’ve been programmed into believing that “doing the right thing” relates to Law when it’s not. It’s a multibillion dollar monster!

  18. Locking u up before being found guilty is a crime period. Also, u have a constitutional right to face ur accuser. The state is never a victim of a crime, state is a location in the USA. If u rob Joe on the street he is the victim and has a right to file charges not the state. Our system and government, including cops, are all corrupt and have been for yrs. Confiscation of ur property is theft by the state. We have a constitutional right to protect ourselves from harm and this includes government stealing ur property. Stop supporting, so called conservatives in particular, these thugs in uniform violating ur civil rights. Cops swear an oath yet violate that oath every day and it's all for their retirement fund. Revenue whores for city, county, state, and government. The absolute only legal police officer is the county cause the sheriff answers to the people by vote. All other cops are unconstitutional. GOVERNMENT CORRUPTION TO THE CORE.. We should have been fighting back yrs ago and the fact we haven't is the very reason it keeps getting worse, 87k armed IRS agents.. IRS is unconstitutional to begin with, even DeSantis says he would shut them down if elected POTUS..

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