A shift in criminal justice is taking place in Illinois, making it the first state in the U.S. to abolish cash bail. Starting September 18, the Land of Lincoln will become a testing ground for pre-trial fairness.
A judge will now have to rigorously review each case before deciding who stays behind bars.
Why is this a big deal? Let’s talk numbers. A 2022 federal report showed that Black men received bail amounts 35 percent higher than white men. Nearly 74 percent of the 631,000 people jailed daily in the U.S. haven’t even been tried yet.
Nikuya Brooks stands in her dining room at home Friday, Aug. 11, 2023, in Chicago. Brooks’ bond was set at $150,000 after her first-time arrest on drug charges in 2017, according to the mother of three. No one in her family could pull together 10% of the bond for her to walk free. Illinois will become the first state to completely abolish cash bail on Sept. 18, making the state a testing ground for whether and how eliminating it works on a large scale. (AP Photo Erin Hooley)
Critics have called the system a cousin to slavery, disproportionately affecting Black and brown communities. Opponents warn that without cash bail, more defendants may skip court appearances.
But New Jersey’s switch to a risk assessment model suggests otherwise. Rates of new criminal charges and no-shows in court remained steady.
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Lavette Mayes poses for a portrait at home Wednesday, Aug. 16, 2023, in Illinois. Mayes said she lost her home and her business while she was jailed pretrial for more than a year following her first-time arrest in 2015. Unable to make bail, she missed her son’s kindergarten graduation and her daughter’s eighth grade graduation. “So I just decided to take a plea, not because I didn’t think I can beat the case, but because I couldn’t spend another year and a half on house arrest and not be able to provide for my family,” she said. Illinois will become the first state to completely abolish cash bail on Sept. 18, making the state a testing ground for whether and how eliminating it works on a large scale. (AP Photo Erin Hooley)
Illinois’ criminal justice system is boldly marching into new territory.
