Maryland, along with a number of other states, have amended their policies and procedures related to cash bail. Bail has historically been used as a mechanism to secure that criminal defendants appear for their subsequent court appearances after release. Bail generally requires a defendant, a family member or friend of the defendant, or a surety/ bail bondman, to post a designated amount of money with the court to secure the defendant’s release. In the case of a bail bonds company, they are generally posting a promissory note with the court that they will pay the full amount of the bail if the defendant fails to appear for future hearings and/ or trials.
The amount of money will generally be returned to the person posting the amount if the defendant appears for all of his/ her required court appearances. If the defendant fails to appear, the court will issue a bench warrant for the defendant’s arrest, and the bail amount will be surrendered to the court. In the case of a bail bond company, they will be liable for the full amount of the bail for any offenders that abscond and fail to appear.
The problem with the cash bail system is that it is discriminatory towards the poor. A poor person may not be any more of a risk for committing a new crime, or absconding from the jurisdiction, than a rich person. The only thing holding an indigent defendant in jail many times is purely his/ her inability to pay. As a result, many jurisdictions are trying to reevaluate the cash bail system to make it more equitable.
Please view the attached links to the Maryland Attorney General’s website for more information on reforms to the cash bail system in Maryland. https://www.marylandattorneygeneral.gov/Pages/BailReform.aspx and https://www.marylandattorneygeneral.gov/News%20Documents/Rules_Committee_Letter_on_Pretrial_Release.pdf After you review the two links, please respond to the questions below.
1. Why did Maryland decide to revise its cash bail system?
2. Are the courts still allowed to take issues, such as risk of flight and potential threats to the public if the offender is released, into consideration when making a determination on bail?
3. What are the costs to the state of Maryland, and the taxpayers, associated with keeping a person in pre-trial custody simply for the inability to pay a designated cash bail?
4. As a citizen, taxpayer, potential crime victim, and for some of you as a future criminal justice practitioner, what are your thoughts on the revisions to this criminal justice policy?
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