by Aurelia Buelens
In the Land of the Free, liberty often comes at a price. In the United States, having money can make a world of difference to an individual’s experience within the justice system – from arrest to trial, from prison to life after prison.
From arrest to trial – the flawed bail system
Once an individual has been arrested for a misdemeanour offense – a ‘lesser’ offence such as protesting in the streets, petty theft or smoking a joint, their ability to post bail – will have a considerable impact on the outcome of their case. Those lucky enough to provide the few hundreds or thousands of dollars required to make bail will probably never see the inside of a jail cell. Those who can’t – often the majority – will spend months locked up awaiting trial. Being in jail puts you at an immediate disadvantage: research shows that defendants held in jail before their trial are offered harsher plea deals than those who posted bail, whereas once bail is posted for a defendant, their case is likely to be outrightly dismissed.
This monetising of freedom is alarming, especially when comparing cases of white-collar criminals who are barely reprimanded for financial crimes with significant societal impacts, and cases such as Kalief Browder‘s. Browder was 16 when he was arrested for allegedly stealing a backpack. His family was unable to make bail; despite maintaining his innocence, he was incarcerated on Rikers Island – notorious for its violence and abuse of prisoners – where he remained for 3 years while awaiting trial. Months of his incarceration were spent in solitary confinement, where he attempted suicide several times. His case was ultimately dismissed, after his trial date being pushed 30 successive times by the Bronx courts. Had Browder been able to post his bail, it is likely that he would have never stepped inside of a prison, and that his case would have been dismissed regardless without him enduring years of verbal, physical and sexual abuse.
Kalief Browder – Photograph by Zach Gross
From prison to life after prison – the life-long price of incarceration
Pretrial detention not only heavily impacts a person’s mental and physical health, but it also affects their social and financial well-being. It is unlikely that after a few days of not showing up to work, people in detention will have a job to return to. Considering that detainees await months, sometimes up to a year, for their case to be taken to trial, it is easy to see how poor people are particularly disadvantaged. What’s more, those processed through the judicial system are faces with numerous fees and charges every step of the way. As many as forty-three states allow public defenders to bill defendants. And it does not stop once they are finally trialled and sent to prisons – many correctional facilities bill their prisoners for their room at the facility, clothing, toilet paper… Many leave prison thousands of dollars in debt.
This debt then follows them well into their life after prison, in the form of fees and fines that they will never be able to repay. Little to no rehabilitation services are provided for former inmates, especially those from poorer backgrounds who lack the safety net that money provides. Many have trouble finding employment, education, housing and benefits. This highly contributes to recidivism, and many end up back in the system.
The momentous impact that the ability to post bail has is a testimony of how the American justice system is rigged against anyone who dares to be poor. It has become a get-out-of-jail-free card, in a for-profit machine which favours mass incarceration at the expense of the country’s poorest.
