Pros And Cons Of Unconstitutional Detention

Unconstitutional Detention In 2014, roughly half a million inmates accounted for the incarcerated population without being convicted of a crime (Wing, 2016). How is it possible that someone can be incarcerated while lacking a criminal conviction? This is the concept of unconstitutional detention a direct result of required cash bail; which is inherently disproportionate to the poor and African American communities. Thus, supporting the argument that cash as a condition of bail should be significantly reformed.

The purpose of bail Requiring a defendant to pay cash as a condition of bail provides an incentive for that individual to return to court. Generally, it is the cost of freedom for someone who is accused of a crime and

This is a direct result of the judicial requirement for a defendant to post bail. This process profoundly disadvantages the poor and reinforces broader racial inequalities in the judicial system. With that being said, people of color, the poor and defendants who have prior criminal records are more likely to be considered a threat to public safety or flight risks, thus influencing a judge’s decision regarding whether to set bail and at what amount (Wing, 2016). ADD CONCLUDING

For instance, there are defendants that have languished (suffered) in jail so long that they complete the sentence for a charge before the trial is concluded. In that type of situation, prosecutors might allow the defendant to plead guilty, thus getting credit for time served. Ultimately, that can allow a defendant to walk away free, it also has the potential to cost the individual a conviction for a crime they did not commit. Wing (2016) stated, “Defendants in New York City were nine times more likely to plead guilty to a misdemeanor if they remained incarcerated ahead of court proceedings.” This illustrates how the overbearing forces of pretrial incarceration can affect defendant’s decision making. In addition, this demonstrates the difficulty of formulating a successful defense behind bars. Furthermore, 38 percent of defendants that remained in jail prior to their trial had their cases resolved lacking a criminal conviction, whereas 88 percent of defendants that made bail (Wing, 2016). ADD CONCLUDING