A new study confirms what we already know about what happens when our pretrial system reduces its reliance on cash bail: our communities are safer for it.
New Jersey Ends Cash Bail
In 2017, New Jersey put into effect one of the most comprehensive bail reforms to date under the Criminal Justice Reform Act. The state did away with cash bail – which refers to the system by which a person charged with a crime must pay a sum of money in order to secure their release before trial. As a result of this change, the pretrial population in New Jersey dropped by 44% between 2015–2019. This is positive news because it means fewer legally innocent people will face the devastating consequences of pretrial incarceration. Even a short period of time in jail can have a catastrophic impact when it comes to the loss of employment, housing, and family relationships. In terms of how the reform has impacted safety, evidence has shown that crime in New Jersey declined between 2016 and 2018. While this information is promising, it’s difficult to draw a direct line back to cash bail reform – until now.
No Bail, No Problem
A new peer-reviewed study, published by the JAMA Network, reveals that eliminating wealth-based detention can effectively reduce jail populations while simultaneously supporting community safety. “Evaluating Firearm Violence After New Jersey’s Cash Bail Reform,” published in May 2024 – is the first of its kind. The study looks beyond individual recidivism and focuses on community-level violence. The authors observed no significant change in firearm mortality or shooting in the three years after bail reform was implemented in the state. This held true both in general and within “racialized groups.” In other words, there was no uptick in gun violence in the state in the immediate aftermath of cash bail reform.
The importance of this new research cannot be understated. Often, bad-faith actors paint cash bail reform as responsible for a supposed rise in crime. But a growing body of evidence – of which the JAMA study is the most recent to join – proves otherwise. It’s a remarkable rebuff to this false line of argument, which we will likely hear more of as the election cycle gains steam.
Cash Bail Costs Us All
The cash bail system is too costly to go on. It costs taxpayers $14 billion each year. But even this is an underestimate. When all of the social costs associated with incarceration are taken into account, the true price tag of our reliance on wealth-based detention is closer to $140 billion annually. Fortunately, there is an alternative. At The Bail Project, we have provided free bail assistance and pretrial support for over 31,000 low-income individuals. Our clients return to 91% of their court dates without having any of their own money on the line. This evidence lays waste to the myth that cash is necessary in a properly functioning pretrial system.
Following in New Jersey’s Footsteps
Twenty-two cities across the country have taken this collective evidence to heart and have effectively reduced or eliminated cash bail, without any notable impact on safety. Continued research illustrates the fundamental compatibility of bail reform and community safety. According to a recent report from the independent court monitor in Harris County, Texas, cash bail reform has been a resounding success. Since the reforms took place, Houston has become altogether safer, with fewer people being arrested for misdemeanor offenses than before the reforms were implemented.
With the latest research coming out of New Jersey, we can finally put to rest the belief that cash is either effective or essential to our pretrial system. Now it’s up to other jurisdictions to follow the evidence.
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