Give to bail funds – and abolish cash bail.
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Today's practice looks at one of the many systems in our society that protect and perpetuate racism. With increased attention on bail funds in the wake of this week's protests, there's a powerful opportunity to rally around criminal justice reform. Here's a brief overview on the importance of bail funds and how cash bail influences mass incarceration.
As always, your one-time or monthly contributions make this grow. I'm hiring a dedicated staff member and introducing a text option next week!
- Nicole
TAKE ACTION
1. Sign the petition to #EndMoneyBail.
2. Use the National Bail Fund Network's list of List of Protest Bail Funds to support protestors in your state. Some may have raised enough funds, but subscribe to their work regardless so you can support when they need help again.
REFLECT
How much did I know about cash bail before reading this?
What privileges do I have that prevent me from understanding how incarceration works?
GET EDUCATED
"Why is everyone giving to bail funds?"
Charitable bail funds are community-based organizations that raise money to post bail for others. They've raised a ton of money over the past couple weeks from supporters of the national unrest after the death of George Floyd, which shows that we are committed to protecting protestors from the dangers of our criminal justice system.
But bail funds weren't created for this protest. They've been around for a very long time. And they're necessary because cash bail is a major reason why people – particularly Black people, are incarcerated. Cash bail fund donations are important today, but cash bail reform is important for tomorrow.
"Affirming that black lives matter on Instagram is one thing, but challenging millions of your followers to support Black people engaging in civil disobedience is a far bolder stance."
Hannah Giorgis in Why It Matters That So Many People Are Donating to Bail Funds in The Atlantic
Here's how bail works.
When someone is arrested, they are taken into police custody. They have to wait until they are charged, which, in this climate, can take days. Then, depending on the severity of the crime, they are required to pail bay to be released until their trial. Otherwise, they remain in jail. Usually, the bail funds aren’t returned until the court case is completed, which can take forever – or not happen at all. Read more here.
It goes without saying that this process is disproportionately impacting people of color generally – and Black people during these protests. Not only are Black people and other people of color targeted for arrests, many do not have the financial capacity to offer cash bail immediately (remember that most Americans in the U.S. don’t have $1,000 for an emergency). So this process can cause significant financial constraint. There are, of course, bondsmen that can loan the money with interest, which only exacerbates the strain.
This is a very simplistic overview. Cash bail laws differ greatly by state and region, and some have already abolished cash bail. Google “bail laws in [insert your state]” to start learning more.
Via @financesnacks on Instagram
Also remember that we’re protesting in the midst of a global pandemic. Extended time in jail increases the likelihood of contracting COVID-19, exacerbating the financial and health strains of being detained.
Lastly, and most significantly, people experience incredible stress and trauma when they are arrested and detained, especially if unlawfully. This conversation is always a conversation about public health, regardless of the pandemic.
"There are typically more than 700,000 people in U.S. jails, and about two-thirds of them have not yet been convicted of a crime and are there mostly because they couldn’t make bail."
The Marshall Project
"But cities with bail reform and all these bail funds are letting looters back on the streets! They’re keeping us unsafe!"
There’s a slight chance that making bail more attainable (or eliminating it) can send harmful offenders back on the street. But considering our history, it’s otherwise GUARANTEED we will unfairly detain someone and cause them significant trauma and financial burden.
Remember the story of Kalief Browder, who was held at Rikers Island in New York City without trial for three years for allegedly stealing a backpack after his family was unable to make bail. He was in solitary confinement for two of those three years. The trial was eventually dismissed based on lack of evidence. He died by suicide two years after being released. His bail was set at $3,000.
Remember the story of Sandra Bland, who was detained after being pulled over by a state trooper for "failing to signal a lane change". She was found dead in her cell three days later as her family tried to post her $5,000 bail.
We can’t ignore that race is usually at the center of this narrative. Proponents against cash bail reform and bail funds are centering the protection of white people over the consistent harm against Black people and other people of color.
In this conversation and ALL conversations we need to center the people most vulnerable to harm. And in America, that's protecting people from the worst of our systems. We will talk more about what centering means in an upcoming issue.
"But alternatives to cash bail aren't perfect, either!"
There's been lots of conversations on how algorithmic assessments of risk are also racially-biased, and I think we need to do a lot of work to find a more just alternative. But I don't think the answer to "there's not other perfect solution" is to stop trying. We see this a lot in anti-racism conversations, and it often doesn't actively contribute to the work moving forward.
Learn more about cash bail and the racial lines of mass incarceration.
Time: The Kalief Browder Story on Netflix
Say Her Name: The Life and Death of Sandra Bland on Netflix
13th available for free on YouTube
How Does Bail Work, and Why Do People Want to Get Rid of It? NYTimes
The Fight to End Cash Bail in the Standard Social Innovation Review
KEY TAKEAWAYS
The outpouring of bail funds during these protests show that our community is committed to systemic change
Cash bail is a main contributor to the mass incarceration we see in America
We need to donate to bail funds but also advocate for cash bail reform in our communities
PLEDGE YOUR SUPPORT
Thank you for all your financial contributions! If you haven't already, consider making a monthly donation to this work. These funds will help me operationalize this work for greatest impact.
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