I was taught a lesson speaking to Jeffrey J. Clayton, the Executive Director of the American Bail Coalition, on the importance of not only researching the topic at hand but also thoroughly understanding the individuals and organisations involved in the conversation. I entered the interview under the mistaken belief that Mr Clayton was an advocate for abolishing the cash bail system. This system, alien and seemingly unfair to many, where cash bail imposes what can effectively be seen as a tax on the poor, led me to make an assumption about Jeffrey's stance that could not have been more incorrect.
Despite our differing perspectives—with Jeffrey and myself standing on opposite sides of the argument—his insights provided some food for thought. He clarified that he, too, advocates for some level of reform within the bail bond system, albeit not its complete eradication. For me, the question was: how much does culture play into this legal system, and who benefits from asking the poor to forfeit their freedom when the system says it presumes their innocence?
From 1970 to 2011, the number of people in pretrial detention skyrocketed by 433%, largely because of increasing reliance on cash bail set at unaffordable amounts. This has led to nearly half a million individuals being held in jails nationwide on any day, awaiting trial, and constituting over two-thirds of the U.S. jail population.
The conversation brought to light how the bail system in the U.S. has evolved into a mechanism that effectively prioritises wealth over justice. With bail amounts often set beyond the reach of the average American, let alone those struggling financially, pre-trial freedom becomes a commodity that only the affluent can afford. This reality creates a two tier justice system where the poor are penalised not for their guilt or innocence but for their lack of financial resources.
Despite our initial misconceptions about each other's viewpoints, it became evident that the American Bail Coalition, under Jeffrey's leadership, does recognise the need for change. They seek an approach that addresses some of the systemic inequities of the current system, with Jeffrey being scathing about the time it takes to get a defendant to trial in South Carolina when they are in jail; this can be 2 years, while maintaining the structural integrity of the bail industry.
The interview showed the pressing need for a dialogue that bridges ideological divides, as Red states and Blue states are going in different directions on pre-bail reform. There's a comprehensive understanding of the bail system's impacts on society's most vulnerable when they face a justice system that is weighed against them, regardless of their innocence or not.
Bail and Bonds, A Levy on the Poor? Jeffrey J. Clayton