The Injustices of Bail

Bail is defined in simple terms as the money put forth to be let out of jail while awaiting a trial. There has been some controversy about whether or not the bail system is just or unjust. There seems to be some injustices in the bail system. The bail system is starting to be exploited due to the fact that it is almost made impossible for some people to exit jail on bail while others can exit and pose harm to society.


People who are placed in jail are supposed to be innocent until proven guilty. By placing a bail on them where they are not able to get out of prison, they are being held whether or not they committed the crime. If someone is truly innocent but never gets bail, they have to sit through the whole ordeal just to be cleared. There needs to be measures when it comes to providing the set amount of bail that someone needs to put up before being bonded out.

Low Income

Another strike against the court system and injustice for bail is that most people who become stuck in jail and not able to bond out are low income. It seems as though many low income people wind up in jail because of some misfortune and it does not necessarily mean they did anything. A lot of low income people are targeted by police and then sent to jail for no reason at all.

The problem that exists here is that they have no opportunity to bail themselves out. If you have a homeless person and throw him into jail, what are the chances that he is going to be able to pay his bail to get out? Not very many. This happens all too often and we see a lot of people sitting in jail because they cannot afford to get out.


Many of times criminals are set free from jail because they can afford bail and get the opportunity to post it. There have been many instances where someone accused of murder will be allowed out on bail with some stipulations. This is not healthy for the community because they can easily commit another crime.

The bail system is unjust and has some flaws that need to be worked out. Housing low income people who have hardly done anything or nothing at all and allowing dangerous criminals free is a problem that needs to be solved. The bail system has major kinks that need adjusting and quick.

Just recently, a New York top Judge, Jonathan Lippman stated that, “As a result, defendants may be put back on the street with insufficient regard to public safety, with possibly catastrophic consequences,” he said. “Few, if any, would seriously argue that judges should not consider the safety and well-being of people on our streets or in our homes when making bail decisions. This makes no sense and certainly does not serve the best interests of our communities and our citizens.”


Top Judge Says Bail in New York Isn’t Safe or Fair. The New York Times. Retrieved from:

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