COVID-19 Leading The Push For Bail Reform and America Should Adopt It – By Joseph Tonjes

By Joseph Tonjes

The United States Prison System and COVID:

The United States has by far the world’s largest prison system with 655 Americans in prison for every 100,000. In many states over half the jail population are awaiting trial or yet to be convicted of a crime. This is due in part to the idea of bail which is the idea that when charged with a crime a person can either pay money as a promise to come back to court for their trial or go to jail to wait for their trial. This leads to many poor Americans sitting in jail purley due to the fact they do not have money. Cash bail is thus locking many poor Americans in with the danger of COVID-19 giving even more reasons to get rid of it.

COVID-19 has drawn this practice further into question due to the dangers it causes in prisons around the country. Prisons and jails across the country have become a breeding ground for the pandemic due to unsanitary conditions and overcrowding rampant in the system. To make matters worse access to health care is also difficult to get as prisons and jails often have undersized and underfunded medical stations.

Incarcerated Americans are not in a unique situation and many similarities can be drawn between their situation and the situations of many poor Americans but they do not get the same sympathy that they deserve. As Hobbs states governments are made to protect the people and by locking poor Americans in prison with COVID the government is protecting no one and endangering many  .Both groups are some of the most at risk to COVID as they both essentially are forced into their situation and do not have the options that many other Americans have. The want to help people in the crossfire of COVID-19 should thus be expanded onto many sitting in American jails and prisons.

Positives of Bail Reform:

Bail reform is a change which could positively affect the lives of hundreds of thousands of Americans because the bail system in America is flawed. The system of bail in America favors the wealthy as they can pay and avoid jail while many cannot and must sit in jail until trial which can become disastrous.

Being forced to sit in jail while waiting for a trial can often lead to problems which do not end once the trial is over. Someone who is forced to spend an extended time in jail waiting for their trial can lose their jobs and often their housing causing them to suffer even if they are found innocent and set free. As well, many people end up pleading guilty even if they are innocent to avoid spending an extended time waiting for their fair trial leading to countless doors shutting due to the mark against them.

With American prison populations being so high due to in part people waiting for their trial, bail reform can let prisons and jails function better. If less people are incarcerated while they wait for their trial it can let prisons allocate more money to deal with longer staying visitors and move more money towards other necessary programs. As well, a leaner prison system would be better equipped to deal with potentially pandemics and be better able to help prisoners become better citizens after prison. Bail reform would get more people out of the prison system allowing for the system to better function for the people the prison system truly needs to focus on.

Debunking the Misconceptions: 

Unlike what some might think bail reform does not mean people will skip out on their court dates. Cash bail is not the not the only thing that can be done to make sure people go to their trial and many alternatives are pushed by those who want bail reform. One option bail reforms talk about are pretrial services which are programs where officers work with people as they approach their trial. These officers make sure defendants commit no crimes while awaiting their trial and make sure that defendants make it to court. Programs like these do not punish people for lack of wealth and often even help make sure people can get a fair trial.

Furthermore, bail reform unlike what people might expect does not lead to more crime and in some cases might lead to less. The reason for this is bail is not a program designed to decrease crime it is a program created to make sure defendants do not skip out on trial. Supporters of the bail system keep dangerous criminals off the streets while the courts decide if they are guilty or not but people who commit violent crimes are not given the opportunity of bail. Bail does not keep dangerous people off the streets because if you are charged with a violent crime then you are likely not get bail. All bail does is keep low level offenders in jail if they can not afford to pay to get out. This traps people who should not be in prison anyway with a deadly pandemic putting them in its cross hairs for no other reason than how much money they have in the bank.

Bail Reform on the Upswing:

Bail reform in part thanks to COVID-19 is not an idea for the distant future but might be right around the corner. States like California have released thousands of low level offenders due to how bad the COVID-19 pandemic is affecting prisoners. This is a step in a positive direction for bail reform as it may lead states to realize these prisoners and prisoners like them are not threats to society and do not need to be held in prison.

COVID-19 and its effect on prisons might demonstrate to Americans that something needs to change about how America treats its prisoners. It’s time Americans reach the conclusion that its prisons and jails are too packed and that there is no reason that whether you walk on the street or remain in prison should be decided by how much money you have. COVID-19 has pointed out many of the flaws in American society and it is time Americans look at the affected areas and make the necessary changes for the better like many societies have done following pandemics. The Black Death led to positive societal changes for the peasant class and following COVID-19 America is in a similar position to improve itself.