As part of criminal justice reform, some states, notably California, are making changes to the cash bail system. California’s SB10 eliminates cash bail, replacing it by doing “risk assessments” of defendants. In this edition of Lawyer 2 Lawyer on the Legal Talk Network, host Craig Williams talks with Jeff Clayton, the executive director of the American Bail Coalition, and Shima Baradaran Baughman, a professor at the University of Utah’s S.J. Quinney College of Law, about the impact that ending cash bail may have on the legal system.
Dallas County, Texas is being sued over the constitutionality of its bail system by the ACLU, Civil Rights Corps, the Texas Fair Defense Project, the Texas Organizing Project, Faith in Texas, and six plaintiffs. The county’s cash bail system is unconstitutional, they claim in Daves vs. Dallas County, because it forces less affluent people to remain in custody while they raise money for bail. D magazine reports that about 70 percent of the 5,000 people in the Dallas County Jail are there because they can’t afford to post bail. This article has more on what’s it like for the people who have to stay in jail because they don’t have bail money.