Question

You have probably heard of posting bail before. But what does this really mean? And is it ethical to ask people, before a court has determined whether or not they are guilty of a crime, to post bail? How might this impact low-income people differently than higher-income people?

During this activity, you will be examining the system of cash bail in the United States and determining whether or not you believe it is ethical.

Step 1: What is Bail?
First, to gain an understanding of bail and the bail system, read this explanation by the American Bar Association.

In a word processing program, answer the following questions:

What is bail?
What might a proponent of the cash bail system say to explain its importance?
Step 2: Is the Cash Bail System Ethical?
Now that you have an understanding of the cash bail system, let’s look a little more deeply into the ethics of the system.

Watch this TED-Ed talk on some of the problems with the US bail system. Then, consider the ethical issues surrounding cash bail by answering the following questions in the same word processing document used in Step 1:

What might an opponent of the cash bail system say to explain what is wrong with the system?
Do you believe that the bail system is ethical? Why or why not? Be sure to consider people of different income levels and people of color in your answer.
What would you change about the bail system to improve it?
What could other communities learn from the method used in Washington DC? Would you like to have something similar enacted in your community? Why or why not?

Answer 1

Answer: What is bail? Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine.What might a proponent of the cash bail system say to explain its importance? Cash bail is used as a guarantee that a defendant will return for a trial or hearings. The money is returned after they make all necessary court appearances, otherwise the bail is forfeited to the government.Bail funds help people who can't afford to post bail. The cash bail system can drive someone already in poverty even further into debt.What might an opponent of the cash bail system say to explain what is wrong with the system?The process of setting an appropriate bail amount has historically required both state and federal judges to consider a variety of factors, including the risk that the defendant will flee,Do you believe that the bail system is ethical? Why or why not? People of color are more likely to be assigned cash bail than their white counterparts. Bail amounts for Black and Latino men are 35 percent and 19 percent higher, respectively, than amounts for their white counterparts.cash bail system is unconstitutional because it provides unequal justice based on wealth instead of guilt.There are payment options available to you.so I do think that it is ethical.What would you change about the bail system to improve it? The biggest benefit of using bail bonds is the payment options available to you.snitch is very helpful and useful.When people are unable to afford cash bail and so remain incarcerated until their trial date, their ability to maintain employment is at risk. So I think that should change.What could other communities learn from the method used in Washington DC? Would you like to have something similar enacted in your community? Why or why not?Community policing emphasizes proactive problem solving in a systematic and routine fashion. Rather than responding to crime only after it occurs, community policing encourages agencies to proactively develop solutions to the immediate underlying conditions contributing to public safety problems.Communities must take a unified stand against crime, violence, and disregard for the law, and must make a commitment to increasing crime-prevention.so I dont think we should have something similar like that in our community.