Minnesota Should Reconsider Its Use of Cash Bail
The debate around cash bail is gaining momentum as more states, including Minnesota, grapple with the implications of pretrial detention on the lives of individuals who can't afford bail. While evidence continues to pile up as to why this is the case, another recent example set by New Jersey provides a compelling case for why Minnesota should reconsider its current cash bail system. If you are facing serious criminal charges in Minnesota, make sure you consult Wirth an experienced Minnesota criminal defense attorney.
“One problem with cash bail is that it is frequently applied almost out of habit. Its a serious charge, presumption of innocence or not, and therefore requires a serious bail.”
The Inefficacy and Inequity of Cash Bail - A Look at New Jersey
In 2012, over 1,500 individuals in New Jersey jails were incarcerated simply because they could not afford bail, which was often as low as $2,500. These individuals, nearly 12% of all people jailed that year, hadn't been convicted of a crime and were held pre-trial due to their inability to pay. This scenario mirrors the situation in Minnesota, highlighting a fundamental flaw in the justice system where freedom is contingent upon financial status.
Gun Violence and Mass Incarceration: A Vicious Cycle
Gun violence and mass incarceration are closely intertwined, with punitive policies often exacerbating the problem. In New Jersey, gun possession convictions were identified as a significant contributor to racial disparities in the prison system. The pretrial detention rates for individuals charged with gun-related crimes were almost double that for other defendants, reflecting a national trend of over-incarceration linked to gun charges.
New Jersey’s Pioneering Bail Reform
In 2014, New Jersey voters approved a constitutional amendment to end the practice of holding someone in jail before trial simply because they couldn’t afford bail. The reform, which became effective in 2017, replaced cash bail with a risk-based system. This empirical system evaluates the risk of reoffense, the threat to public safety, and the likelihood of the individual skipping trial.
“We’ve ended a debtors’ prison in New Jersey with these actions,” then-Governor Chris Christie proclaimed in 2017.
Since implementing bail reform, New Jersey saw a significant drop in the number of people detained pretrial. Between 2015 and 2019, the number of pretrial detainees decreased by 44%, from over 9,000 to just over 5,000. The policy effectively removed financial barriers, ensuring that pretrial detention was based on risk rather than financial capability, thus sharply reducing jail incarceration rates.
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Reforming Bail Without Compromising Public Safety
One of the main arguments against bail reform is the perceived risk to public safety. Critics often claim that bail reform leads to increased crime rates, but empirical evidence from New Jersey debunks this myth. A recent study out of Drexel University found that New Jersey’s bail reform did not lead to an increase in gun violence. This finding is consistent with previous analyses showing no significant increase in new criminal charges against individuals released pretrial under bail reforms.
Implications for Minnesota
Minnesota can learn valuable lessons from New Jersey’s experience. By shifting to a risk-based system, the state can reduce unnecessary pretrial detention without compromising public safety. This change would support low-income individuals, reduce racial disparities in the jail system, and potentially decrease the broader socio-economic impacts of mass incarceration, such as job loss and family disruption.
New Jersey’s success demonstrates that it is possible to balance public safety with a more equitable justice system. Professor Jahn’s research underscores the need for policies that reduce pretrial detention while maintaining, if not enhancing, community safety.
“In the end, its unfair for people without a lot of resources and also for those who simply aren’t a threat to society.”
Conclusion
Minnesota stands at a crossroads. By reconsidering its use of cash bail, the state can embark on a path that promotes fairness and justice without compromising safety. New Jersey’s example provides a clear, evidence-based blueprint for how to achieve this goal. It’s time for Minnesota to take a bold step towards a more just and equitable legal system.
If you are facing serious criminal charges in Minnesota, contact Jack Rice for a free confidential consultation or call 651-44-7650 or 612-227-1339. When your life is on the line, make sure Jack Rice Defense is by your side.