People in pretrial detention make up more than 70 percent of the U.S. jail population — roughly 536,000 people. Many of them remain behind bars solely because they cannot buy back their freedom.
Originally, the bail system was intended to ensure that people would return to court to face the charges against them. Today, money bail confines those who have been charged but not convicted, effectively criminalizing poverty. Research and experience shows that pre-trial detention does not improve community safety; it only hurts the individuals and families of those directly impacted.
We continue to pursue and support litigation challenging the use of cash bail to punish people on the basis of their poverty.
Key Cases
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Caliste v. Cantrell
Pretrial Detention
The MacArthur Justice Center is pursuing a federal class action lawsuit against Orleans Magistrate Judge Harry E. Cantrell challenging his practice of setting high bail amounts without any consideration of the person’s ability to pay or alternative no-cost conditions of release. Judge Cantrell also insists on using commercial bond companies (rather than cash), which require a non-reimbursable fee, a portion of which goes to the court’s General Fund – revenue Cantrell and other judges’ control.
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Burks v. Scott County
Pretrial Detention
The MacArthur Justice Center, the ACLU and the ACLU of Mississippi filed a class action lawsuit against Scott County (Mississippi) sheriff, district attorney, and judges after learning that the Scott County Detention Center has held people for as long as a year without appointing counsel and without indicting them. A settlement was reached in June 2018 which ended this practice by appointing public defenders at arrest.
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Brown v. Corinth
Pretrial Detention
The MacArthur Justice Center, in partnership with the Southern Poverty Law Center (SPLC), filed a federal class action lawsuit targeting the City of Corinth, Mississippi for operating a modern-day debtors’ prison, unlawfully jailing poor people for their inability to pay bail and fines. As a result of the settlement, the City will ensure that defendants arrested without a warrant see a judge within 48 hours, will stop jailing defendants who cannot afford to pay a fine or money bail, will release most people on their own recognizance following arrest, and will allow defendants who are unable to pay their fine in full to choose between a $25 monthly payment plan and community service.
Key Facts
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$22.2 billion
America spends roughly $22.2 billion annually to detain people in jails. -
62% not serving time
Nationwide, 62% of people in jail are not serving time — they are waiting for cases they typically involved nonviolent charges. -
57% of Americans
Public sentiment supports bail reform. According to a 2018 survey, 57% of Americans believe people should not be incarcerate solely because they cannot pay bail. -
Kalief Browder
Kalief Browder was 16 years old when he was accused to stealing a backpack. His bail was set at $3,000. His family couldn’t afford it and he spent 3 years in jail awaiting trial. Prosecutors eventually dropped the charges. Kalief committed suicide shortly after his release.