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The Civil Rights Implication of Cash Bail

Briefing: February 26, 2021

This project will evaluate the current state of money bail in operation in states and local jurisdictions around the country, and how it impacts the fair administration of justice as well as whether it operates in a manner that denies equal protection of the law to individuals on the basis of race or another protected class. It will also evaluate the role of the private bail industry and how the involvement of the private sector exacerbates or mitigates these impacts. The project will also evaluate different reforms that have been enacted to address these systemic impacts, either by state legislation, citizen referendums, litigation settlements, or otherwise. In evaluating these reforms, the project will look at whether federal involvement has impacted the state of money bail, and what the appropriate role of the federal government is to ensure the fair administration of justice.

Briefing Agenda (PDF)

Briefing Press Release (PDF)

Panelist Materials

State Advisory Committee Reports

Maryland: Fees and Fines and Bail Reform in Maryland (2018) (PDF)

Expert Testimony

Rafael Mangual – Fellow & Deputy Director, Manhattan Institute

Insha Rahman – Vice President of Advocacy and Partnerships, Vera Institute of Justice

Lars Trautman – Resident Senior Fellow, R Street Institute

William Bratton – Executive Chairman of Teneo Risk & Former Commissioner of NYPD and Chief of LAPD

Glenn Grant – Acting Administrative Director, New Jersey Courts

DeAnna Hoskins – President & CEO, JustLeadership

Michelle Esquenazi – President, National Association of Bail Agents

Elijah Gwynn – Co-Founder & CTO, UpTrust

Erika Maye – Deputy Senior Campaigns Director for Criminal Justice, Color of Change

Megan Stevenson, Ph.D. – Associate Professor of Law, University of Virginia

   Updated: March 03, 2021