The Presumption of Innocence: How Cash Bail Undermines It

What does the presumption of innocence mean if you can be jailed before trial simply because you cannot afford bail?

In other words, an accusation is not a conviction. The government must prove a person’s guilt. Until then, that person is presumed innocent.

Francis and the Presumption of Innocence

Francis was 64 and legally blind when he spent about a month in Los Angeles’s Men’s Central Jail because he could not afford bail. Without adequate assistance or consistent access to medication, his health deteriorated to the point that he considered pleading guilty to a crime he said he did not commit simply to get out.

The Bail Project eventually secured his release. Three years later, his case went to trial, and a jury found him not guilty.

Francis’s experience illustrates what can happen when the presumption of innocence exists in principle but fails to protect someone from the consequences of pretrial detention. He was presumed innocent while jailed and ultimately acquitted, yet he had already lost a month of freedom and faced pressure to admit guilt before the government proved its case.

His experience shows how pretrial detention can turn an accusation into punishment.

How Cash Bail Undermines the Presumption of Innocence

The cash bail system undermines the presumption of innocence by conditioning a person’s freedom on their ability to pay. People who cannot afford bail can remain behind bars – the same punishment people get after conviction – before trial even though they have not been found guilty.

That means two people facing similar accusations can have very different experiences. One may return home while awaiting trial because they can afford bail. Another may remain in jail because they cannot.

The difference is money, not guilt.

How Pretrial Detention Pressures People to Plead Guilty

Pretrial detention creates enormous pressure for individuals to plead guilty, regardless of whether they have actually committed a crime. When examining the realities of the justice system, it is crucial to understand that this pressure typically drives guilty pleas for two primary reasons. First, many individuals plead guilty simply to secure immediate release. If they are offered a sentence of “time served,” a guilty plea presents the fastest and sometimes only guaranteed way to get out of a cell and go home. Second, the psychological need for finality often becomes overwhelming. The mental toll of legal limbo can be crushing, and many people cannot handle the endless uncertainty of awaiting trial. They would rather plead guilty just to have a definitive answer, deal with the consequences, and begin the process of moving forward.

Meanwhile, the collateral damage of simply waiting in jail is severe. Time spent in detention can quickly lead to losing a job, housing, access to healthcare, and crucial time with family. Ultimately, the presumption of innocence evaporates when a person experiences life-altering punishment before their guilt has ever been formally established.

Most People in Local Jails Have Not Been Convicted

Nearly 7 in 10 people held in local jails are awaiting trial, meaning they have not been convicted of the charges keeping them there.

That reality raises a fundamental question about the presumption of innocence: If people are innocent until proven guilty, why should their freedom before trial depend on how much money they have?

Our Stance

The presumption of innocence must mean something. And it must apply to everyone, regardless of the size of their bank account.

An accusation is not a conviction. Lack of funds is not evidence of guilt. And no one should be punished before receiving a fair trial.

Share this post to help your community understand the presumption of innocence and how cash bail can undermine one of the most fundamental principles of our criminal justice system.