U.S (Color Of Change) : California Judges are issuing bail amounts no one can afford.

 

 

 

 

 

Dear friend,  

 

 

 

Right now, thousands of Black women in California are being held pretrial simply because they cannot afford to pay bail. But these judges have the power to put a stop to it. 

 

 

 

Approximately 44,241 people are locked in cages across county jails in California. These are people who haven’t been convicted or sentenced for a crime. Unsurprisingly, Black and brown people bear the brunt of this unjust system. In Los Angeles County, where Black people make up only 9% of the overall population², Black women make up a third (33%)³ of the population of the women’s jail. Most of these women are being jailed pretrial largely because they cannot afford their bail -- and during the COVID-19 pandemic, the crisis has gotten even worse. Some people have been forced to wait more than 5 years for a trial -- that’s 5 years separated from loved ones, friends, and community members all because they lack the ability to pay for their freedom.  

 

Let’s get one thing clear, friend. No one should have to sit in a jail cell because they are too poor to pay bail. Money bail further entrenches racial bias and injustice in our criminal legal system because people who are unable to afford bail are three to four times more likely to receive a sentence to jail or prison, and their sentences are two to three times longer.⁴ Even when a person is detained for a short time, it can result in the swift loss of employment and housing, lead to family separation and subsequent trauma, and moreover, any time in detention increases the likelihood that a person will submit to a guilty plea even when innocent.

 

California judges have the power to put a stop to the practice of issuing astronomical bail amounts. That’s why in partnership with Essie Justice Group we’re calling on them to act NOW. 

 

 

 

Sign the petition: Tell the California Judicial Council to stop issuing bail beyond what someone can afford to pay. 

 

 

 

Judges have not been following constitutional law, and as a result, Black people without resources are being held pretrial with sometimes life-risking consequences. The California Supreme Court recently held in the landmark case In re Humphrey that it is unconstitutional for judges to set bail beyond someone’s ability to pay as a way to keep them in jail pretrial. 

 

But since this landmark ruling, judges across the state are continuing to set extraordinarily high bails that people are unable to pay. Even worse, judges are increasingly denying people bail even when their charges do not fit the kinds of offenses the California Constitution says are eligible for indefinite pretrial detention.

 

Judges are public officials and should be accountable for the justice the people want to see in our communities. That’s why we’re calling on California judges to commit to the following demands : 

1. Judges follow In re Humphrey and stop setting bail beyond someone’s ability to pay as a way to keep them in jail pretrial. Judges must promptly hold hearings on renewed bail motions from individuals in jail whose bail was set prior to the Humphrey decision.
2. Every judge across the state must determine a person’s ability to pay before setting bail and people should not have to bear any costs associated with conditions of their release. 
3. Denying bail altogether should only be allowed in the extraordinary cases listed in Article 1, Section 12 of the California Constitution. Judges must consider all non-monetary alternatives to detention before denying someone of their freedom before a trial. The burden is on the State to prove by clear and convincing evidence that pretrial detention is necessary; it is not the individual's burden to show that she should be released.
   

It’s time for judges to act NOW so no mother is separated from her family because of these harmful and unconstitutional practices.  

 

 

 

 

 

 

ADD YOUR NAME

STOP USING BAIL TO HOLD MOTHERS PRETRIAL

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References : 

 

 

 

 

 

1. "Waiting for Justice" Cal matters. https://act.colorofchange.org/go/303885?t=8&akid=50855%2E1942551%2Eq92l9g
2. Los Angeles County Sheriff's Department. https://act.colorofchange.org/go/303886?t=10&akid=50855%2E1942551%2Eq92l9g
3. United Census Bureau. Quick Facts.  https://act.colorofchange.org/go/303887?t=12&akid=50855%2E1942551%2Eq92l9g
4. "Investigating the Impact of Pretrial Detention on Sentencing Outcomes." LJAF. https://act.colorofchange.org/go/303888?t=14&akid=50855%2E1942551%2Eq92l9g

  

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ColorOfChange is building a movement to elevate the voices of Black folks and our allies, and win real social and political change.