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Bail In Jail Research Paper

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The US faces a very big and real problem that affects mainly repeat criminal offenders. Bail, which is a sum of money paid to a court to guarantee an appearance in court is very often set too high and does not consider current financial circumstances to the fullest. Infact, in New York City alone, one in ten defendants are unable to pay for bail at their arraignment (nytimes). Kenneth Humphrey, a retired 64 year old who had prior substance abuse and multiple felonies, followed a disabled man into his home and threatened him and demanded money, of which he got five dollars and a bottle of cologne (nytimes). His bail was set at three hundred and fifty thousand dollars, and being a retired shipyard worker, his retirement could not pay out. Due …show more content…

This is very vague and does not deal with the issue on a case by case basis like this bill can. Many people, more than 730,000 are held in jail who are simply too poor to post bail (CBS News). Being held on bail in jail can get you fired and can ruin relationships because of the length of incarceration despite being found innocent after the fact. According to Justice Policy, “Kalief Browder, a 22-year-old black man accused of stealing a backpack, spent three excruciating years in New York’s Rikers Island though he was never convicted of a crime. Prosecutors ultimately dropped the charges, but years later, Browder died by suicide.” This is utterly and completely unacceptable. Bail limits and guidelines are a must because day to months long incarceration has an effect on potential jobs, relationships with other people, and is unnecessary when the defendant is not a threat to …show more content…

The algorithm will factor annual salary, current charges, previous charges, property value, current liquid assets, family finances (if applicable), and seriousness of charge(7 Key Factors in Setting Bail). If there is any reason for the judge to believe a criminal will try to flee, a bi-weekly check up with law enforcement and drug test can be enforced. All objects such as gold, silver, or online currencies will be considered “liquid” and therefore will add to the overall value of the bail. Current liquid assets or the money in all bank accounts will be added up and compared to annual salary. If it is more than a ratio of four to one in assets to salary then sixty percent of that will be added to bail if it is less than one to one in assets to salary, forty percent will be added to bail. In between one to one and four to one will be the fifty five percent range. If previous charges include an attempt to flee from police another five percent will be added. If the defendant has a property they would like to turn over as a bail payment it must be at least 1.5 times the value of their current bail and all possessions such as cars currently on the property will be considered as bail

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