Journal of Student Research 2018

65 Alabama’s Pretrial Criminal Process: Structural Violence Within the Bail Bond Industry

Action 1 Amendment of Alabama’s bail schedule that would lower the bail settings for non violent crimes

Action 2 Referendum requiring Alabama to provide representation for court appeals regarding unfit bail settings Action 3 Creation of a new bail assessment strategy that will minimize ambiguity and initiate informed bail

Each action will be expanded upon in further detail and weigh the

positive and negative repercussions on Alabama’s justice system.

Action 1:

The first policy option would be an amendment made to Alabama’s current bail schedule to lower the bail settings for non-violent crimes. This would allow citizens who are arrested for non-violent drug charges to have a more fitting bail setting rather than at heights greater than some of the most violent crimes such as murder. While this action may not create mass revenue like the current system does, it will have large benefits for the constituents as they would have a justice system that aims to keep dangerous persons out of the public and nonviolent offender available to bail. In order to re-inflate bail bond company profits, if that is an obstacle to reform, there could be an increase to the amount of bail set for violent crime as there is a higher chance of danger to the public as well as fleeing before trial. There would still be loss of revenue for the bail bond companies however this comes at no cost to the constituents with the benefit of safety; a more fitting bail schedule would ensure such. The second policy option would be the creation of a referendum to ensure representation is provided for a court appeal regarding unfit bail settings. This would allow those to be represented in court, free of charge, if the bail setting is found excessive or unfit for the crime. This could minimize the amount of unfit bail settings for those of lower socioeconomic status as well as complete Alabama’s goal of a citizen’s right to bail. There are two negative repercussions of this policy option. One negative aspect that comes with this action is that Alabama would have to fund this public service. While it would be a “needs-based” system where those under the poverty line would be able to receive this entitlement, it would still be an expense to the state. The second negative aspect of this action is the possibility of backlash from constituents who do not support government entitlements. Nevertheless, it would be more cost effective than forcing constituents to stay in jails at the rate of $60 per night (“Bail in America,” n.d.). The funds saved from lower Action 2: