Should money decide who gets out of jail?

Around the country, our bail system is getting a closer look. A few states, including New Jersey and Illinois, have done away with bail entirely.  

Handing cash over to the court is supposed to make sure someone appears for their next court date. If someone doesn’t show up, the court keeps the money.  

But, cash bail doesn’t always keep the public safe. Those who can afford it can bail out, even if they are a danger.  

On the flip side, people who are not a danger or flight risk often can’t get out of jail because they can’t afford to make bail. 

And often, it’s not the person accused of a crime who scrapes together money to make bail; it’s family members and people close to the defendant. People have ruined credit, lost cars and jeopardized their housing to pay bail.

MPR News host Angela Davis talked about cash bail in Minnesota — whether it works and who it harms.  

Guests:

• Justin Terrell is the executive director of the Minnesota Justice Research Center, a nonprofit organization that conducts research to inform and advocate for reforms in the criminal legal system. 

• Anna Hall leads the Minnesota Justice Research Center’s project investigating best practices for pre-trial detention and cash bail. She is also a criminal defense attorney with the Legal Rights Center. 

• Brieanna Watters is a PhD candidate in sociology at the University of Minnesota. She worked with the Minnesota Justice Research Center on their 2023 bail report “I’m Suffering Along With Her: The Wide-Reaching Consequences of the Pretrial System in Hennepin County.” She also has experience paying bail on behalf of someone else. 

Subscribe to the MPR News with Angela Davis podcast on: Apple Podcasts, Spotify or RSS.  

Use the audio player above to listen to the full conversation.