The Bail Project Back To School Syllabus

As students prepare to head back to their classrooms, we’re diving deep into a critical topic: the cash bail system. Remember the principle of “innocent until proven guilty”? It’s a cornerstone of our legal system. Yet the cash bail system seems to rephrase that to “innocent until you can’t pay.”

At The Bail Project, we believe in shedding light on this issue. Our mission includes public awareness, using true stories, and advocating for a better understanding of cash bail. While it’s a significant part of criminal justice, many remain unaware of its daily impact on thousands of lives.

Whether you’re personally familiar with bail, concerned about its reform, or merely curious, our guide is designed for you. Dive in!

Lesson 1: Required Reading

• Bail 101: Get acquainted with the essential elements of bail. Discover how it operates, the implications of not affording it, and the experience of waiting for trial while incarcerated.
• The Evolution of Bail: The reliance on cash bail isn’t new. Explore its history and how it’s transformed into a system that often penalizes those facing financial hardships.
• Profiting from Bail: Interestingly, only the U.S. and the Philippines maintain a for-profit bail structure. Uncover how the American bail industry gains from individuals unable to pay their bail.

Lesson 2: Show And Tell

• The Growing Dilemma: Witness how, even without a significant rise in annual convictions, jail populations surge.

• Bail in Action: Upon arrest, a judge sets the bail during an arraignment. Due to the system’s pressures, judges often rush through this process, perhaps not fully considering individual circumstances. Get a firsthand look at an arraignment in Harris County, Texas.
• The Public Perception of Bail: Unaffordable cash bail impacts thousands of lives daily, but how much do people really know about it? We asked Kentuckians from different parts of the state for their thoughts on the system and how it affects their community. 

Lesson 3: Connect The Dots

• The Ties to Mass Incarceration: On any given night, around half a million people sit in jail without a conviction. One primary reason? Unaffordable cash bail. Delve into the relationship between bail and the larger issue of mass incarceration.
• The Racial Divide: Disproportionately, cash bail affects people of color. Understand why, despite the promise of equal justice, individuals of color often face steeper bails than their white counterparts.
• Women and Bail: Women represent the fastest-growing incarcerated demographic, with cash bail playing a significant role. Learn about the unique challenges women confront within this system.

Lesson 4: Looking Ahead 

• The Power of Community: While cash bail continues to criminalize poverty, communities are pooling resources to bring their loved ones home. Examine how bail funds continue the longstanding tradition of marginalized communities fighting against oppressive systems.  
• What Comes Next: By envisioning a future where cash bail and pretrial detention are not the default response, we can create a more equitable system. Take a closer look at a future without cash bail.

Now, armed with knowledge, we invite you to listen to the narratives of our clients directly affected by the cash bail system. And if, like us, you envision a more just future, discover ways to get involved and spread the word!