Discuss three issues that are present when bail is considered

Question

What will be an ideal response?

Answer 1

Bail is a cash bond or some other security provided to the court to ensure the appearance of the defendant at every subsequent stage of the criminal justice process, especially trial. It is also one of the most objectionable aspects in the criminal justice system today. Although bail cannot be used to punish an accused nor can it be denied once granted or revoked at the whim of the court, it is still not a right that every accused individual has. Initially, there is a problem of racial and ethnic disparity in the bail process because it works against the poor. Although there are many socioeconomic levels that are not tied to race and ethnicity there still are many groups that are, therefore making bail discriminatory against the poor who may be of racial and/or ethnic minority status. Additionally, it is unfair because a higher proportion of those detained receive longer sentences than those who are released on bail. It is also dehumanizing and potentially detrimental for innocent people who cannot make bail to suffer in our overcrowded, gang-infested, and deteriorated jails to await trial.