Journal of Student Research 2018

Journal Student Research

68

Conclusion

The United States is one of the only countries that has legalized bail bond industries that intermix business with our judicial system, which leaves it vulnerable to structural violence and exploitation (Kight, 2017). The original objective of the bail system is to ensure all defendants appear in court, but the current system only ensures that poor defendants appear in court. The bail system continually punishes those of lower socioeconomic status for not having the funds to post bail. Sigler & Formby (1978) state that “punishment cannot legally occur prior to conviction,” meaning poor people cannot continue to be affected by this structural violence that is the bail system. Regardless of changes to the bail system to make it more efficient, the affluent will continually be able to post bail and the poor will continually remain incarcerated, which is unjust. Similarly, continuing to incarcerate so many citizens is both directly and indirectly expensive. It directly affects citizens because our jail and prison systems make up one of the largest portions of our country’s budget funds, and it indirectly affects citizens through loss of income, familial support, and living situations. The system continually glosses over this issue and claims the severity of the crime is a determinate as to why bail is set when it should also focus on one’s ability to pay. The chosen policy option will fully ensure that all citizens will have access to just bail, and thus is an option that other states should consider as a remedy to the structural violence within their own justice systems.