1. WHAT CASH BAIL LEFT BEHIND: ST. LOUIS' BAIL SYSTEM, THREE YEARS AFTER REFORM.
- Author
-
COPPERSMITH, BRIANNA
- Subjects
- *
APPELLATE courts , *LEGISLATIVE bodies , *CIVIL rights ,BAIL Reform Act of 1984 (U.S.) - Abstract
In the last ten years, the pernicious effects of cash bail--particularly as it relates to poor, Black people accused of crimes--have become increasingly publicized. Calls for reform have followed, and across the country the political branches have responded to public pressure to weaken, or entirely eliminate, cash bail's role in pretrial detention. In 2020, the Missouri Supreme Court promulgated a set of rules intended to de-emphasize cash bail. Shortly thereafter, Missouri's 22nd Judicial Circuit, situated in St. Louis City, initiated additional reforms to supplement the Missouri Supreme Court Rules. Three years later, on the surface, these reforms have largely accomplished what they intended: cash bail is rarely used in the city of St. Louis. But, even after cash bail, significant issues with pretrial detention determinations persist. This Note suggests that, in the absence of cash bail, a new, equally pernicious, system is developing in the 22nd Circuit: where judges once used unaffordably high cash bail to detain pretrial arrestees, they now use "no bond" determinations to do the same. Additionally, this Note explores pre-reform practices in the 22nd Circuit that have remained or re-emerged in new forms. Attention to these concerns provides direction for future efforts to incrementally reform the criminal legal system. Ultimately, this Note asks how St. Louis' pretrial processes might fundamentally shift focus to supporting and reintegrating persons accused. [ABSTRACT FROM AUTHOR]
- Published
- 2023