The Department of Justice did something groundbreaking last week: It declared our nation’s bail system unconstitutional. In a brief filed in support of a class-action lawsuit challenging the bail system, the DOJ held that jailing people who are facing charges unless they can afford to post bail impermissibly discriminates against the poor.
As a public defender in Oakland, I know all too well how much our bail systems are used as a way to lock up the poor while allowing the wealthy to avoid jail. Every day, I see jails full of people who would be free if they simply had a few more dollars to post bail. Our nation’s bail system allows those with money to buy their way to freedom while others sit in cells simply because they are poor.
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