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Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2023, over five million people are under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.
The Vera Institute of Justice is an independent nonprofit national research and policy organization in the United States, and a leader in criminal justice research. It was founded in 1961 in New York City. Its stated goal is "to tackle the most pressing injustices of our day: from the causes and consequences of mass incarceration, racial disparities, and the loss of public trust in law enforcement, to the unmet needs of the vulnerable, the marginalized, and those harmed by crime and violence."
The penal system in China is composed of an administrative detention system and a judicial incarceration system. As of 2020, it is estimated that 1.7 million people had been incarcerated in China, which is the second-highest prison population after the United States. The country's per-capita incarceration rate is 121 per 100,000. China also retains the use of the death penalty with the approval of the Supreme People's Court, and there is a system of death penalty with reprieve in which the sentence is suspended unless the convict commits another major crime within two years while they are detained.
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "jail" is instead the main terminology. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment.
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence at the hands of fellow inmates as well as prison officials.
Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial. The Human Rights Watch considers this practice as violating national and international laws, particularly human rights laws, although it remains in legislation in various liberal democracies.
The United States incarcerates more of its youth than any other country in the world through the juvenile courts and the adult criminal justice system, which reflects the larger trends in incarceration practices in the United States. In 2010, approximately 70,800 juveniles were incarcerated in youth detention facilities alone. As of 2006, approximately 500,000 youth were brought to detention centers in a given year. This data does not reflect juveniles tried as adults. As of 2013, around 40% were incarcerated in privatized, for-profit facilities.
Crime rates in the state of Washington grew rapidly to large levels from 1960 to 1980, however slowed in growth from 1980 onward. Although the cause of this drop in crime growth from the 1980s cannot be directly determined, it was believed to have been a result from several law enforcement initiatives & policies implemented throughout the state of Washington and across the United States, such as abortion access.
Bail in the United States refers to the practice of releasing suspects from custody before their hearing, on payment of bail, which is money or pledge of property to the court which may be refunded if suspects return to court for their trial. Bail practices in the United States vary from state to state.
Mahmoud Reza Banki is an Iranian-American scientist, management consultant and startup executive. Born in Tehran, Iran, Banki immigrated to the US to attend college and became a naturalized US citizen in the 1990s. In January 2010, Banki was arrested and charged with violating US sanctions against Iran by the United States Attorney's office in New York City. Ultimately Banki won his case on appeal, and it was permanently closed in July 2012. Banki spoke about his case at a TED Talk in 2014, presenting a case for change in criminal justice. As of 2015 a documentary film about the case was being made. In The Moth podcast released January 2017, Banki spoke to the personal toll of the ordeal. Banki has also spoken before various audiences for the cause of improving the criminal justice system. As of 2022, Banki was Chief Financial Officer and Chief Strategy Officer at leading streaming company Tubi. On January 20, 2021, Banki received a full and unconditional pardon from the President of the United States.
Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.
People with mental illnesses are overrepresented in jail and prison populations in the United States relative to the general population. There are three times as many seriously mentally ill people in jails and prisons than in hospitals in the United States, and mentally ill people experience solitary confinement at disproportionate rates compared to the general prison population. There are a number of reasons for this overrepresentation, including the deinstitutionalization of mentally ill individuals in the mid-twentieth century, inadequate community treatment resources, and the criminalization of mental illness itself. There is a consensus that mentally ill offenders have comparable rates of recidivism to non-mentally ill offenders.
Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Criminal justice reform can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, and sentencing.
In re Kenneth Humphrey was a case decided by the California Supreme Court concerning whether it is a violation of due process and equal protection to imprison defendants prior to trial solely because they cannot afford to pay bail.
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000, resulting in the United States no longer having the highest incarceration rate in the world, but still remaining in the top five.
Electronic monitoring or electronic incarceration (e-carceration) is state use of digital technology to monitor, track and constrain an individual's movements outside of a prison, jail or detention center. Common examples of electronic monitoring of individuals under pre-trial or immigrant detention, house arrest, on probation or parole include: GPS wrist and ankle monitors, cellphones with biometric security systems, ignition interlock devices and automated probation check-in centers or kiosks.
Chrystul Kizer was arrested at age 17 for the murder of Randall Phillip Volar III. During her arrest, she claimed Volar was her sex trafficker. On June 5, 2018, she allegedly shot him twice while he was sitting in a chair, set his house on fire, then stole his car. Kizer was arrested and incarcerated at Kenosha County Detention Facility to await trial. Kenosha County prosecutors charged her with first degree intentional homicide using a dangerous weapon, and four other felonies. They contend the killing was premeditated. If convicted, she would face a mandatory life sentence in prison.
JusticeLA is a coalition of organizations and individuals committed to stopping the expansion and growth of the Los Angeles County Jail system and replacing that system with an infrastructure of community-based care and treatment. L.A. County has the largest jail system in the world.
Scott Hechinger is an American civil rights attorney, former public defender and the founder and executive director of Zealous, a nonprofit organization that trains public defenders and activists to use media, technology, the arts, and storytelling to shape criminal justice policy. Hechinger teaches at Columbia Law School as an adjunct professor.
References
- ↑ "National Bail Fund Network". Community Justice Exchange. Retrieved 2020-06-02.
- ↑ Harvard Law School Criminal Justice Policy Program (October 2016). Moving beyond money: a primer on bail reform (PDF) (Report).
{{cite report}}:|last=has generic name (help) - ↑ Subramanian, Ram (February 2015). Incarceration's front door: the misuse of jails in America (PDF) (Report).
- ↑ Initiative, Prison Policy; Wagner, Wendy Sawyer and Peter. "Mass Incarceration: The Whole Pie 2020". www.prisonpolicy.org. Retrieved 2020-06-02.
{{cite web}}:|first1=has generic name (help) - ↑ Phillips, Sarah (n.d.). National survey of community bail funds: report to the community (PDF) (Report). Smart Decarceration Initiative, Washington University in St. Louis.
- ↑ "How it Works". The Massachusetts Bail Fund. Retrieved 2020-06-02.
- 1 2 Simonson, J. (2017). Bail nullification. Michigan Law Review, 115(5), p.599
- ↑ Steinberg, Robin (2018). "Freedom should be free: a brief history of bail funds in the United States". UCLA Criminal Justice Law Review. 2: 79–95.
- ↑ "Nation's Largest Bail Fund Plans To Stop Bailing People Out Of Jail". The Appeal. Retrieved 2020-06-02.
- ↑ Pinto, Nick (2020-04-06). "Bailing Out". The New Republic. ISSN 0028-6583 . Retrieved 2020-05-31.
- ↑ "About Us". Brooklyn Community Bail Fund. Archived from the original on 2020-06-10. Retrieved 2020-05-31.