Typically when a person comes before a Judge requesting bail
the factors that are used include: marital status, work, length of residence,
family, criminal history, ties to the community, and whether the accused has
appeared for court before. Ms. Banks spoke
about a study that revealed "that defendants with lower education and
income were less likely to get bail and more likely to receive onerous bail
terms” (Banks, 2013) . Also, when white and black defendants with
the same education, background, and income, the white defendants were more
likely to receive bail. It is also
interesting to note that a prior criminal record counted more against black
defendants, but white defendants were treated more seriously when looking at
the seriousness of the offense.
As to gender bias when it comes to bail, according to an
article written by Dr. Johnson and Dr. Turner stated in their article that
women were more likely to be granted pre-trial terms and lower bail than
males. Dr. Johnson and Dr. Turner went a
step further using information from the Detroit’s Recorder’s Court that white
males and females and black females were more likely released prior to trial (Turner & Johnson, 2006) .
I would also like to mention the disparity in bail when it
comes to the rich and the poor. To give
a millionaire bail of a million dollars, of course he/she will be able to make
that amount without blinking an eye.
However, to give a poor person a bond of a thousand could, in essence,
be the same as no bail at all. So
should there be an additional category for discrimination now for the indigent?
I have attached an article that may be
an interesting read.
References:
Banks, C. (2013). Criminal Justice Ethics (3
ed.). Thousand Oaks, Ca, USA: SAGE Publications.
Turner, K., & Johnson, J. B. (2006). The Effect of
Gender on the Judicial Pretrial Decision of Bail Amount Set. Federal
Probation a journal of correctional philosphy and practice. Retrieved from
http://www.uscourts.gov/uscourts/federalcourts/pps/fedprob/2006-06/gender.html
Christina, your blog was very informative as it relates to bail & discrimination. As I familiarized myself with the chapter I could not help but to wonder if discrimination played a role when it pertained to being released on recognizance (ROR). For our readers who may not be familiar with (ROR) this is when no cash bond is required only a guarantee that the defendant agrees in writing to return to court. As I come in counter with those that has found some bumps in the road as it relates to being arrested, not one has told me they have ever been ROR. (Great Blog) Fred...
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ReplyDeleteI enjoyed your blog on Racism and Bail Bonds. It is unfortunate that like other aspects of criminal justice system bail also has proven to be racist and disparate when it come to black and white justice. I have attached a link to an article written by a former public defender in Philadelphia and his article is on the treatment of blacks and whites when it came to bail. As you read the article you will see that the public defender goes on the say that judges ruling in the two bail hearing is what is known as unconscious racism or unconscious bias. Many people who are not of color or a minority want to believe that Racism does not exist in our criminal justice system, and the perceptions are fallacious. I am inclined to believe that in most cases the racism is unconscious and this unconscious is the gamut of the entire criminal justice system.
Christina: You have posted a well-written, insightful blog on bail and discrimination. Professor Taylor
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