Bail disparities across the US reflect inequality: 'It is the poor people who suffer'
An antiquated, haphazard system allowing counties to set bail for misdemeanors often caters to conservative values and targets the poorest people
by Matt Krupnick
Encompassing Yosemite national park, Mariposa County is among California’s most beautiful regions. But if you’re arrested for panhandling or public intoxication, Mariposa can be the state’s ugliest county.People arrested for minor misdemeanors in Mariposa County are on the hook for $10,000 bail, which is supposed to insure someone shows up to court, whether the charges have merit or not. Those who can’t afford the nonrefundable bail bond fee – usually 10% of bail, or $1,000 in Mariposa cases – sit in jail until their case makes it in front of a judge.
Compare that to the neighboring Mono County, where recommended bail is $250 for minor offenses, or the rural Sierra, Placer and Nevada counties, where some minor offenders are released without bail. The disparities are part of a haphazard system that allows each of California’s counties to set its own bail – a system found in most states.
The Guardian looked at California to try and get a sense of the dynamics across a large state. An inspection of bail schedules in 56 of California’s 58 counties – rural Humboldt and Amador counties did not respond to repeated requests – shows huge disparities in how misdemeanor bail is handled. The analysis showed big differences even regarding minor crimes that would lead to little or no jail time upon conviction.
While someone might be guilty of public drunkenness, that doesn’t mean the criminal charges will stop there. And that means bail could be significantly higher than expected. In a country where nearly half of families wouldn’t be able to afford an emergency $400 expense, according to the Federal Reserve, those county-to-county differences can have dramatic effects on residents.
“Because so few cases end in a trial and so many end in a plea bargain, there’s a huge incentive to charge more serious offenses,” said Hadar Aviram, a professor at the University of California’s Hastings College of the Law in San Francisco. “What you’re charged with really depends on what county you’re in.”
https://www.theguardian.com/us-news/2017/sep/20/bail-disparities-across-the-us-reflect-inequality-it-is-the-poor-people-who-suffer
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