U.S.

Cashless Bail Policies and Their Consequences

Cashless Bail Policies and Their Consequences

Cashless bail policies are making American states and cities very dangerous – image courtesy of Vecteezy.com.

Cashless bail reform has grown from a niche policy in the 1990s to a nationwide movement by 2025, with over 30 cities and multiple states adopting laws restricting or eliminating cash bail for many offenses. Violent offenders released on cashless bail have committed numerous violent crimes, prompting widespread reports and concern. Let’s take a look.

Cashless bail—more accurately called bail reform—was designed to reduce pretrial detention based on wealth, not risk. The policy aimed to prevent jailing people accused of crimes solely because they couldn’t afford bail. Supporters argued that money bail created a two-tiered justice system, where wealthier defendants could await trial at home while poorer ones remained incarcerated. Most of the early implementations targeted misdemeanors and non-violent felonies. Some jurisdictions ruled that detaining someone solely because they couldn’t afford bail violated constitutional rights, even for serious charges. This led some areas to expand the list of crimes eligible for violent felonies.

There have been too many cases where people with a long history of violent crimes are out on the street and committing more violent crimes. Some of the most notable:

Due to cashless bail, justice has been a revolving door in too many cities.

Some states use the defendant’s “last charge,” which refers to the most recent criminal offense a person is accused of at the time of arrest or arraignment. It’s a key factor in determining pretrial release conditions, especially in jurisdictions with cashless bail policies. The states currently using “last charge”:

Some “last charge” states like New York, Illinois, New Jersey, California, and New Mexico will also often exclude prior mental health history from pretrial detention decisions unless specific legal thresholds are met. This creates an even more dangerous situation for the citizens of these states.

Jesus preached justice, mercy, and accountability. He never reduced a person to their crime and never ignored the harm done, either. Catholic social teaching does not support the automatic release of violent offenders but calls for a justice system that balances accountability, protection of society, and the possibility of rehabilitation and redemption. It emphasizes human dignity, restorative justice, and the common good. The “revolving door justice” of cashless bail has only created more victims and does nothing to help the career criminal get the help and support they need to live a good and productive life.

The original intent of cashless bail, which was only for non-violent offenses, promotes human dignity, equity, and restorative justice. We cannot continue to ignore the history of repeat violent offenders, as this approach poses a serious risk to all U.S. citizens. The results of these policies have been disastrous.

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