The Bail Book: A Comprehensive Look at Bail in America's Criminal Justice System - Introduction

17 Pages Posted: 21 Jun 2018 Last revised: 17 Jul 2018

See all articles by Shima Baradaran Baughman

Shima Baradaran Baughman

University of Utah - S.J. Quinney College of Law

Date Written: 2017

Abstract

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.

Keywords: Bail, Bail Rights, Criminal Justice, Criminal Procedure, Jail, Criminal Detention, Incarceration

Suggested Citation

Baughman, Shima Baradaran, The Bail Book: A Comprehensive Look at Bail in America's Criminal Justice System - Introduction (2017). Cambridge University Press (2017), University of Utah College of Law Research Paper No. 266, Available at SSRN: https://ssrn.com/abstract=3200533 or http://dx.doi.org/10.2139/ssrn.3200533

Shima Baradaran Baughman (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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