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. ↵
This Post Has 119 Comments
Andrea Degollado
26 Jan 2020I think this article is very insightful and truly show how corrupt the system is. Prior to reading this article i had some knowledge about how the system worked because we had talked about it in one of my criminal justice classes. i think this article truly conveys how sometimes innocent people just because they can’t pay for bail are left behind bars.
Sebastian Portilla
16 Oct 2019It’s sad to see how the most powerful country in the world treats 90% of their population. Middle class and Lower class have the hardest lifestyles. They’re put up against the large corporations (banks) in the world. Our system is corrupt and it will change. Working class will not have to live on the edge anymore. Profits is what has become the goal in thus country. Humanity and Morals do not exist anymore. This was a great article to express that. There are many more stories like this one out there, but they are kept secret.
Cristianna Tovar
13 Oct 2019As sad as it is, the harsh reality of the world we live in involves the corruption of our government. It’s crazy that even though there was no evidence against Browder, he was still charged with robbery, grand larceny, assault, and put in jail for three years to await trial. What’s truly heartbreaking is that he had committed suicide after being released. The cash bail system is a prime example of the advantages that certain economic classes have over others, and it must be put to an end.
Jose Maria Llano Aranalde
23 Sep 2019Its very disturbing to think that two people could have committed the same crime but just because one person has money they are not going to be in jail. Having this type of system does favor the rich. Having money in this instance is like having a get out of jail free card. For profit bail has to be changed I think its inhuman and unfair to have this standards. This shows that the United States runs on money and in some circumstances it can be detrimental to the society.
Andrea Degollado
23 Sep 2019This article truly captures the corrupt and how truly the lower classes are at disadvantage. I think it’s truly sad how even after the case was falling apart Kalief wasn’t released, he was truly suffered in the prison and lost his mind and sadly committed suicide because of the trauma he experienced. This article is a true eye opener.
Jacob Silva
22 Sep 2019This article truly does convey how corrupt, terrible, and unfair the United States justice system truly is. Its’s absolutely upsetting to hear that it is common for innocent people to be placed behind bars and how their only option to get out is to pay a bail that they’re financially unable to do. This is usually the case and they have to suffer for it.
Priscilla Poorbaugh
22 Sep 2019I have always hated the cash bail system. It really is just a way to suppress low income people. Why does it make sense that criminals should be let free to the streets just because they have money? It doesn’t. Money controls everything here in America and a reform is necessary to better our country.
Saira Locke
22 Sep 2019I think it is very concerning that 60 percent of the people incarcerated are awaiting trial. Jails are wasting money just to keep low risk people off of the streets. This doesn’t make any sense. The main problem in jails is overcrowding, I believe that this wouldn’t be a problem if they didn’t waste cells on people awaiting trial for hive little to no risk to society. It is wrong that the thing keeping a very dangerous person and a non-risk person out of society is money. The judicial system shouldn’t be about money in my opinion, it should be about justice. The last sentence really spoke to me because it proves that our law enforcement doesn’t always follow the laws themselves.
Jake Mares
15 Sep 2019Prison can be an extremely traumatic for anyone for one week much less the two years Browder was held. As many people say, this system seems to favor the wealthy to an inexcusable level. For profit bail definitely needs to be looked at a much higher level than it already is. Also, this highlights how a wealthy, dangerous criminal can walk free for a while, and a how an innocent man can be locked up for nothing.