Decision Points: Disproportionate Pretrial Detention of Blacks and Latinos Drives Mass Incarceration (2016)

"Politicians across the spectrum have begun advocating for criminal justice reforms to reduce the prison population in the United States. Until recently, the dysfunctional bail process has not been at the forefront of the national discussion, even though the most common form of bail - cash bonds or financial release - produces jail overcrowding and fuels mass incarceration. In addition, money-based bail systems cause significant racial and ethnic disparities in pretrial detention and beyond. As Judge Andre Davis recently observed, “Many of the racial and ethnic disparities that appear at the back end of the criminal justice system are actually a byproduct of those that become apparent at the front end” - including at the pretrial stages."