California's Bail System Is 'Unsafe And Unfair,' Study Finds

"The national effort to get states to move away from a bail system based on money — something detractors call unjust and antiquated — got a big boost this week: A yearlong study backed by California's chief justice recommended money bail be abolished and replaced with a system that includes robust safety assessments and expanded pretrial services.

Calling the state's commercial bail system "unsafe and unfair," a working group created by California Chief Justice Tani Cantil-Sakauye argues that the state's bail system bases a defendant's liberty too much on his or her finances, rather than an assessment of whether the defendant is a flight or safety risk.

"Therein lies the fundamental fairness issue of: Is there a two-tier justice system that is operating here?" asks Martin Hoshino, who heads the Judicial Council of California, which is an advisory and policymaking council of the state's courts..."

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