This Washington Post letter to the editor by The Bail Project’s CEO David Gaspar responds to presidential pardons by contrasting the concept of “second chances” with the lack of “first chances” for people trapped in pretrial detention. He argues that cash bail routinely undermines the presumption of innocence, creating an unequal system where a defendant’s pretrial freedom depends entirely on wealth rather than legal guilt or risk.
Read the letter below and on The Washington Post’s website.
Regarding the Dec. 13 front-page article “Biden begins series of pardons”:
To the Editor:
In President Joe Biden’s statement on his recent commutations and pardons, he touted the importance of second chances. But what about first chances?
In a country that prides itself on the principles of liberty and justice, the presumption of innocence fundamentally does not exist. On any given day in the United States, about half a million people are held in jails without having gone to trial or being convicted. They are often accused of nonviolent offenses, and unaffordable cash bails are the sole reason they remain incarcerated.
Cash bail was originally designed to ensure that people return to court, but it has been distorted into a system that punishes poverty. Our Constitution prohibits excessive bail, yet our current system undermines this guarantee. Today, judges routinely set cash bail amounts that far exceed what most people can afford. As a result, more than 60 percent of defendants are detained pretrial simply because they cannot pay for their freedom. These people — presumed innocent, in theory — are forced to endure weeks, months or even years in jail before getting the chance to defend themselves, resulting in lost jobs, homes and stability. Even more, this system creates a stark divide: Those who can afford cash bail return home to await trial, while those who cannot face the trauma of incarceration. Many are coerced into pleading guilty just to regain their freedom, even if innocent.
Mr. Biden has demonstrated an understanding of the devastating consequences of incarceration and the urgent need for systemic change. He has shown what is possible when we act on the democratic ideals our country was founded on. But to truly uphold the presumption of innocence and ensure equal justice under the law, we must end cash bail. This is the critical next step toward dismantling a two-tiered system of justice — one in which wealth determines liberty — and advancing a vision of justice that protects everyone equally.
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