Kalief Browder, an African American sixteen year old from the Bronx in New York City, was walking home from a party with his friend when he was stopped by police unexpectedly and charged with an alleged theft in 2010. The accuser, Roberto Bautista, was sitting in a police squad car and identified Browder and his friend as the thieves. The theft was a backpack that was said to contain $700 dollars, a credit card, and an iPod Touch. In his interrogation, with police, Kalief Browder insisted that he had not robbed anyone and that neither the backpack nor its contents would be found in his possession. Browder and his friend were then taken to the precinct where they were processed and taken to central booking. Within the following 48 hours Browder was interrogated and charged with robbery, grand larceny, and assault. At arraignment, bail was set at $3,000 dollars. If Browder’s family used a bondsman the amount would be ten percent plus fees or around $900 dollars for his bail to the bondsman. The bondsman would then post the entire bail amount with the court. The family could not pay $900 resulting in Browder remaining imprisoned at Rikers Island for the next three years.1
Debtors jail in colonial America was used to lock up those who owed money to the government. In today’s society, it translates into the cash bail system. 4 The for-profit bail system in the United States is used to keep those who are accused of breaking the law from harming anybody else or to be sure the accused will appear in court. If the accused is unable to pay the bail at the time of the arraignment, they may use a bondsman or they will remain incarcerated until their trial. For the poor, it is the latter. For Kalief Browder it was the beginning of the end. Only two countries in the whole world have a cash bail system, the United Sates and the Philippines. The cash bail system results in unnecessarily imprisoning citizens who do not pose as a threat to society and who most likely are not a flight risk. No pre-trial information is given to a judge before setting bail and there are no set standards on setting the amount for bail per case.5 Those who are wealthy enough to pay avoid the scarring effect prison has on one’s life. But for those who cannot afford bail, they face violence behind bars, debt, isolation, and at minimum a harsh punishment for those later found innocent, as in Kalief Browder’s case. This has created a two tier system in our judicial process. The first tier are wealthy offenders who can post bail and the second tier is everyone else who cannot afford equal justice or treatment.
Statistics show that 60 percent of people in jail from 2005 to 2015 were in jail awaiting trial. Three fourths of these individuals were accused of nonviolent crimes.6 This is alarming. On a national level, the United States imprisons persons who are essentially living in poverty and who are more susceptible to being involved or accused of a crime. In some instances, the court can grant “release on one’s own recognizance” or ROR. However, this is determined on a state by state standard. An example of this would be New York, the judicial system there would be more willing to grant ROR if the individual has a cellphone, has had a New York address for a year and has a job.7 These may seem like easy standards to meet, but consider those who are homeless, unemployed or cannot afford a cellular service on a regular basis. Their fate rests upon pre-trial bail. The bail money that the defendant does not have, requiring a bondsman, but not always attainable either.
- Johnson, Stephon “‘Time: The Kalief Browder Story’ Shows Failure of Justice System” New York Amsterdam News, March 2, 2017 http://blume.stmarytx.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=121613807&site=ehost-live&scope=site. ↵
- Schwirtz, Michael, and Michael Winerip “Kalief Browder, Held at Rikers Island for 3 Years Without Trial, Commits Suicide” The New York Times June 08, 2015 https://www.nytimes.com/2015/06/09/nyregion/kalief-browder-held-at-rikers-island-for-3-years-without-trial-commits-suicide.html. ↵
- Schwirtz, Michael, and Michael Winerip “Kalief Browder, Held at Rikers Island for 3 Years Without Trial, Commits Suicide” The New York Times June 08, 2015 https://www.nytimes.com/2015/06/09/nyregion/kalief-browder-held-at-rikers-island-for-3-years-without-trial-commits-suicide.html. ↵
- Steinberg, Robin “Robin Steinberg: What If We Ended the Injustice of Bail?” TED (June 18, 2016.) Https://www.youtube.com/watch?v=3B24RaqA33k . ↵
- Lally, Sean “Can the U.S.Radically Alter Its Cash Bail System?” (October 23, 2017) https://attorneys.us/can-u-s-radically-alter-cash-bail-system/. ↵
- Gunasekera, Yousha “Bail Means Jail: Debtor’s Prison for the Unconvicted.” Progressive 81, no6 (August 2017): 56–59 http://blume.stmarytx.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=123986116&site=ehost-live&scope=site. ↵
- King, Elizabeth “Inside the Fight to End Cash Bail” Pacific Standard January 08, 2018 https://psmag.com/social-justice/meet-the-reformers-taking-on-alec-to-end-cash-bail. ↵
- “Bail Bond Services for Waco, Texas” Kocian Bail Bonds December 14, 2015 https://www.bailbondskocian.com/. ↵
- “Bail Reform” Official Website – Assemblyman Rob Bonta Representing the 18th California Assembly District (March 29, 2018) Accessed September 21, 2018 https://a18.asmdc.org/article/bail-reform. ↵
- Gonnerman, Jennifer “Before the Law” The New Yorker December 08, 2017 https://www.newyorker.com/magazine/2014/10/06/before-the-law. ↵
123 comments
Uzziyah Cohen
The fact that someone can be arrested accused of a crime that they are not guilty of jailed and spend an extended amount of time behind bars is scary. Maybe poverty really is a crime. There seems to be such a disparity in the justice system in reference to how the rich are treated as opposed to how the poor are treated. I was shocked to read in the article that only the United States and the Philippines have a cash bail system. This article not only prompted me to learn more about what states offer release on one’s own recognizance, but it also prompted me to consider what can be done to change the laws demanding or requiring bail before release. Additionally, I couldn’t help but wonder how bell bondsman would respond to people lobbying to have such laws and acted to band the business of bail bonds.
Makenzie Santana
I have only been aware of this problem only partially. I only knew that many accused of a crime, most nonviolent are unable to post bail and have to be incarcerated because of it. However, I didn’t know that this was such a big problem that would have innocents incarcerated for years just to await their trial all because of the fact that they couldn’t afford bail. The U.S. jail system has so many problems and this was just one of them. It is so sad that this young boy accused of a crime he didn’t commit was forced to witness such trauma that he ended up committing suicide not long after his release.
Bianca-Rhae Jacquez
This article sheds light on the terrible circumstances that people are put in when they cannot afford to pay bail. The story used about the young man who had to stay in prison for three years was a great way to start this article. It is terrible that he had to stay in prison even though he was innocent of the crime.
Sharriah Martinez
This article was very well written. I learned that a innocent man was falsely accused and had to live in a prison cell for 2 years. This was an example of the flaws in the united states prison system . I learned about the profit bail system. I did not know this was the process at all. This article did a well job at highlighting this systems flaws. Wealthy criminals can pay their bail while people who are less fortunate falling in poverty cannot. Innocent people can get trapped in this.
Danniella Villarreal
This was a very well written article. It explained the injustices in the for-profit bail system in a way that was easy to follow, and it made it easy to understand where the unfairness is. The story of Kalief Browder is very concerning and sad. If the case of Browder was to be someone with money, he would have been able to get rid of all the problems and post bail, but unfortunately, that wasn’t the case. He was falsely accused and had to live in jail for a couple of years, and knowing that his trial was so long it is just sad to read. I feel bad for the people who are falsely accused of things especially kids.
Amariz Puerta
This was a very well written article, and I feel like we need to become more aware of the United States prison system. As his case develops it really shows the light of the United States prison systems. When reading about this case it I thought he was innocent but as the case continues to develop it just makes it seem like he is less innocent. Very good article worth the read!
Alicia Guzman
Personally, I think this system has socio-economic biases. The story of Kalief Browder is very troubling. I think his story truly showcases the problem with this system. For people like Browder there is no hope because not everyone can easily access money and the result is jail time for a crime in which they have not even been convicted of yet. The prosecutor kept trying to get him to plead guilty, this is entrapment. Hey, you did not do something wrong or convicted of a crime but if you cannot pay your bail you cannot leave BUT if you plead guilty you will not go to jail. What is this? THIS IS A PROBLEM.
Michael Leary
Very interesting article, it really evoked thoughts into the matter of our bail system. I don’t really have an issue with the bail system, it seemed like he was punished before being proven guilty, and 3 years seems long for stealing $700 and an ipod. However, I do disagree with the statement regarding a two tier legal process, because, equal justice means looking at people regardless of their race, gender, and financial capability, if people were punished more for being rich, then, that would be a cruel and unusual punishment for setting excessive bail.
Leeza Cordova
We disgusted the ideas of this article in my social stratification class, and how many times, income can differentiate us from others in society. If the case of Browder was to be someone with money, he would have been able to skip all of the problems and post bail, but this was not the case. This can be the case for many people, and many debt collection in their benefit and charge others a very high interest rate, which keeps others in a never ending cycle of payments.
Cameron Lopez
This was an interesting article and the format is excellent. What really stood out to me was that many of the articles I read talk about the main point or the all around problem this article however didn’t just do that, it made sure to point out the small flaws in the system and the affects of such flaws. Injustices in the profit bail system was an easy thing to follow and understand, made it simpler to digest the points where inequalities are present. One example was the ability for the wealthier man to afford his bail while some others are not so lucky. I do not believe this was the systems intended purpose but it still has the intended affects.