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- Title
Community First: Why California's Elimination of Cash Bail May Have Missed the Mark.
- Authors
Gasek, Jade
- Abstract
CALIFORNIA'S RESPONSE AND POTENTIAL PROBLEMS In 2016, Chief Justice of the California Supreme Court, Tani Cantil-Sakauye, established a working group to study California's bail system to generate recommendations for California's legislature to ameliorate the state's bail system. 152 The fund works to provide bail in the amount of $2,000 or less to defendants who can not afford it. 153 The organization created a charitable revolving bail fund in which it used the same funds repeatedly to pay the bail of those who could not. See generally CRIMINAL JUSTICE POLICY PROGRAM HARVARD LAW SCHOOL, BAIL REFORM: A 2019 / Why California's Elimination of Cash Bail May Have Missed the Mark 14 Groups that oppose using RAS, or at least complete dependence on RAS, argue that these systems will generate the same racial and wealth biases that current bail systems create because those algorithms already reflect those biases. 190 However, most states have already enacted those regulations for commercial bail bonds businesses, so a regulatory model already exists 191 A gradual erosion of the bail industry by removing for-profit bail businesses would help the bail reform movement gain further traction by eliminating a large impediment to the political success of cash bail reform. UCLA SCHOOL OF LAW CRIMINAL JUSTICE REFORM POLICY CLINIC, THE DEVIL IS IN THE DETAILS: BAIL BONDS CONTRACTS IN CALIFORNIA 3 (on file with The University of the Pacific Law Review) ("The commercial bail industry has exerted significant political influence through organized lobbying, fueling growth in the use of money bail and curtailing expansion of non-monetary pretrial release mechanisms such as release on recognizance, unsecured bond, or conditional release").
- Subjects
CALIFORNIA; RED tape; FELONIES; AMERICAN law; COMMUNITIES; CRIMINAL justice policy; PRETRIAL release; SOCIAL services
- Publication
University of the Pacific Law Review, 2020, Vol 51, Issue 1, p1
- ISSN
2379-4895
- Publication type
Article