Criminal Justice Decision Making

I. Introduction
A. Identify that the criminal justice system’s bail making decisions will be the focus of the paper.
B. 60% of pre-trial defendants are detained because they cannot afford to post bail (“U.S. Commission on Civil Rights Releases Report: The Civil Rights Implications of Cash Bail,” 2022, para. 2).
C. African American and Latinx American defendants are disproportionately affected by the criminal justice system’s decision making when it comes to bail and making bail more affordable for disadvantaged individuals.
II. Disproportionate Minority Representation
A. Selected decision making point: Bail

1. Jones (2013) writes that African American defendants consistently receive “significantly harsher bail outcomes than those imposed on white defendants” (p. 938).
   a) Discuss how African American defendants are more likely to receive more expensive bails despite having the same education and income levels as their White counterparts (Jones, 2013, p. 940).
2. The United States Commission on Civil Rights (2022) claims Latinx individuals also suffer from higher rates of pre-trial detention more often than other demographics (p. ii).
   a) Elaborate on the factors that contribute to Latinx Americans being less likely to receive non-financial releases than non Latinx defendants (Levin, 2008, p. i).
   III. Impact of Discretion on Disproportionate Minority Representation
   A. Discuss the discretion and decision making procedures of judges who have the authority to set African American and Latinx American defendants’ bail.
   B. Explore why prosecutors argue for expensive bail or no bail at all in certain cases.
   IV. Policies/Programs that Reduce Disproportionate Minority Representation
   A. Illinois adopted statewide bail reform that involves the gradual elimination of cash bail and implementation of “the least restrictive conditions…necessary to ensure [defendants’] presence in court” (Schwinn, 2022).
   B. H.R.1249 – No Money Bail Act of 2021, a bill recently introduced to stop the use of cash bail at the federal level and restrict states who still use cash bail systems from receiving funds under the Edward Byrne Memorial Justice Assistance Grant Program (“H.R.1249 – No Money Bail Act of 2021,” 2021, Summary section para. 3).
   V. Predictions that May Reduce Disproportionate Minority Representation
   A. Increasing the availability of nonfinancial conditions of release (Levin, 2008).
   B. Using quantitative data and studies to create race-specific release rate quotas (Arnold, Dobbie, & Hull, 2020, p. 32).
   VI. Conclusion
   A. Summarize the findings of the paper, the implications of the criminal justice system’s bail decisions for African American and Latinx Americans, and which of the predicted policies is most likely to be used to address this issue. 
   References
   Arnold, D., Dobbie, W., & Hull, P. (2020). Measuring racial discrimination in bail decisions. Becker Friedman Institute Working Papers, 2020-33. https://bfi.uchicago.edu/wp-content/uploads/BFI_WP_2020331.pdf
   H.R.1249 – No Money Bail Act of 2021. (2021). U.S. Congress. https://www.congress.gov/bill/117th-congress/house-bill/1249
   Jones, C. E. (2013). “Give us free:” Addressing racial disparities in bail determinations. Legislation and Public Policy, 16, 919-961.
   Levin, D. (2008). Pretrial release of Latino defendants. Pretrial Justice Institute.
   Schwinn, S. D. (2022, January 27). The bail bond system and rule of law. American Bar Association. https://www.americanbar.org/groups/public_education/publications/insights-on-law-and-society/volume-21/issue-3/the-bail-bond-system-and-rule-of-law/
   The civil rights implications of cash bail. (2022). United States Commission on Civil Rights.
   U.S. Commission on Civil Rights releases report: The civil rights implications of cash bail. (2022, January 20). United States Commission on Civil Rights. https://www.usccr.gov/news/2022/us-commission-civil-rights-releases-report-civil-rights-implications-cash-bail