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Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial. After arrest, the bail decision is the single most important cause of mass incarceration, yet this decision is often neglected since it is made in less than two minutes. Shima Baradaran Baughman draws on constitutional rights and new empirical research to show how we can reform bail in America. Tracing the history of bail, she demonstrates how it has become an oppressive tool of the courts that disadvantages minority and poor defendants and shows how we can reform bail to alleviate mass incarceration. By implementing these reforms, she argues, we can restore constitutional rights and release more defendants, while lowering crime rates.

Bail --- Arrest --- Bail jumping --- Bonding (Bail) --- Jumping bail --- Criminal justice, Administration of --- Criminal procedure --- Pre-trial release --- Security (Law) --- Suretyship and guaranty --- Social aspects --- Law and legislation

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This book arises from a research project funded in Australia by the Criminology Research Council. The topic, bail reform, has attracted attention from criminologists and law reformers over many years. In the USA, a reform movement has argued that risk analysis and pre-trial services should replace the bail bond system (the state of California may introduce this system in 2020). In the United Kingdom, Europe and Australia, there have been concerns about tough bail laws that have contributed to a rise in imprisonment rates. The approach in this book is distinctive. The inter-disciplinary authors include criminologists, an academic lawyer and a forensic psychologist together with qualitative researchers with backgrounds in sociology and anthropology. The book advances a policy argument through presenting descriptive statistics, interviews with practitioners and detailed accounts of bail applications and their outcomes. There is discussion of methodological issues throughout the book, including the challenges of obtaining data from the courts.

Bail. --- Bail --- Bail jumping --- Bonding (Bail) --- Jumping bail --- Arrest --- Criminal justice, Administration of --- Criminal procedure --- Pre-trial release --- Security (Law) --- Suretyship and guaranty --- Law and legislation --- Corrections. --- Punishment. --- Criminal justice, Administration of. --- Forensic psychology. --- Crime—Sociological aspects. --- Criminal law. --- Public safety. --- Prison and Punishment. --- Criminal Justice. --- Forensic Psychology. --- Crime and Society. --- Criminal Law and Criminal Procedure Law. --- Crime Control and Security. --- Safety, Public --- Human services --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Forensic --- Forensic sciences --- Psychology, Applied --- Administration of criminal justice --- Justice, Administration of --- Criminal law --- Penalties (Criminal law) --- Penology --- Corrections --- Impunity --- Retribution --- Correctional services --- Legal status, laws, etc.