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11 Lincoln Mem'l U. L. Rev. 50 (2023-2024)
Bailing on the Bondsman: An Argument for Abolishing Monetary Bail

handle is hein.journals/lmulr11 and id is 50 raw text is: LINCOLN MEMORIAL UNIVERSITY LAW REVIEW VOLUME 11 SPRING 2023 ISSUE 1 BAILING ON THE BONDSMAN: AN ARGUMENT FOR ABOLISHING MONETARY BAIL Sean Freeland, M. S., J.D.1 I. INTRODUCTION In America, the criminally accused are innocent until proven guilty. Roughly 500,000 people, or two out of every three inmates, are awaiting trial in jails across the United States.2 How do we square that statistic with the legal principle of innocent until proven guilty? Though America pompously flaunts the idea of freedom, it houses the highest proportion of inmates worldwide.3 The notion of innocence seems to dissipate as soon as a defendant is handcuffed. After arrest, most defendants may bond out of jail by paying bail. Money bail drives high incarceration rates and recidivism.4 The research shows that pretrial detention does 1 As a graduate of Lincoln Memorial University, Duncan School of Law, this Note is dedicated to the LMU Law Review and its membership. 2 Katherine Hood & Daniel Schneider, Bail and Pretrial Detention: Contours and Causes of Temporal and County Variation, 5 RUSSELL SAGE FOUNDATION J. OF THE SOC. SCIENCES 126, 126 (2019). 3Will Dobbie et al., The Effects of Pretrial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges, 108 AM. ECON. R. 201, 201 (2018). 4 Id.

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