The Eighth Amendment of the United States Constitution reads “excessive bails shall not be required, nor excessive fines imposed.” But does the definition of “excessive” change depending on an individual’s income? If not, what happens when an individual cannot afford the bail set by the court? Despite being innocent in the law’s eye, that person can face weeks or months in jail awaiting court proceedings simply because he could not afford bail. According to the most recent Bu

In February 2017 Maryland’s highest court unanimously approved Rule 4-216.1. This rule provides guidance to judges regarding pre-trial release of arrested individuals. The aim of this rule is to end the practice of holding individuals awaiting trial in jail simply because they cannot afford bail. Yet, likely due to the bail bondsmen’s large lobbying presence, Maryland’s Senate passed a bill on March 22, 2017 to stifle the key parts of the Court of Appeals’ rule change. The Co

The State of New Jersey has become a leader in criminal justice reform, from Drug Court to Pre-Trial Intervention. One of the many recent and controversial changes New Jersey has made is with Bail Reform. New Jersey’s Bail System is moving away from a monetary system, towards a risk-based system that is more objective and fairer to defendants. While other places such as Washington, D.C. and the federal government have reformed bail, and while others have unsuccessfully tried,

The money bail system that has been so pervasive throughout our judicial system is beginning to see reform around the nation. The money bail system, which is the current system in most states, ensures that defendants can only be released from jail if they pay money as collateral in the event they do not show up to court. Bail reform advocates believe a core issue with the current system is that it will often keep harmless people in jail because they cannot afford bail, while