Pretrial detention led to a 42% increase in sentence length
Our nation incarcerates almost half a million Americans who have not been convicted of a crime, but are denied their liberty because of their inability to pay bail, a new report
Thurgood Marshall Institute reports on money bail and algorithmic risk assessments:
“Money bail is one of the many well-established practices in our criminal justice system that unjustly punishes people based on low-wealth and race.”
“Algorithmic risk assessments uncritically incorporate biased data infused with structural racism into what becomes biased decisions about pretrial incarceration.”
Highlights in numbers:
90% of arrests are for misdemeanor charges
80% of people released prior to trial were not arrested prior to trial and arrived at their court date
98% of those released do not endanger public safety awaiting trial
91% of people labeled high-risk for “new violent criminal activity” were not arrested for a violent crime awaiting trial
66% of mothers cannot afford bail
$10,000 is the median money bail amount a felony
$16,000 is the average yearly income for a man who cannot afford bail
$11,000 is the average yearly income for a woman who cannot afford bail
43% of people experiencing pretrial incarceration are Black
13% of the U.S. population is
20% of people experiencing pretrial incarceration are Latinx
about 13% of the U.S. population is
48% of white people charged with felony crimes were incarcerated pretrial
59% of Black people charged with the same crimes were incarcerated pretrial
A study conducted in 2014 found that Black people were 10% more likely to be incarcerated pretrial than white people who were accused of the same crime. Black people were 20% more likely to be incarcerated pretrial for misdemeanor property offenses than white people accused of the same crime.
State stats:
In Broward County, Florida, the risk assessment algorithm was twice as likely to label Black people as high-risk for future criminal activity than white people.
A pretrial justice system study in Philadelphia reported that pretrial detention led to a 42% increase in the length of the sentence.
After Maryland introduced a statewide risk assessment tool, there was a 15.9% increase in the percentage of people held without bail in Montgomery County.
In Washington D.C., where there is no money bail, 94% of people awaiting trial are released, and 90% of them arrive at their court dates.
A pilot program started in Multnomah County, Oregon in 2007, made automatic reminder calls to people about their upcoming court dates. Court appearances increased by 31% and over a million dollars were saved by the county.
Read the whole study here.
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