Paper: GS – II, Subject: International Relations, Topic: India relations with Major power, Issue: Cashless bail in the US.
Context:
Bail in the U.S. and India ensures accused individuals appear for trial without unnecessary detention. The rise of “cashless bail,” highlighted by Trump’s order restricting funds to such jurisdictions, has intensified debate.
- Examining how bail works, the problems with cash bail, and reform arguments is key to understanding its impact on justice and liberty.
Cashless Bail in the US: Trump’s Executive Order:
- President Donald Trump signed an executive order targeting cashless bail in the US, aiming to cut federal funding for jurisdictions that allow the practice.
- Trump argued that cashless bail leads to an increase in crime, with individuals being repeatedly arrested and dangerous criminals being rapidly released.
- Trump’s Argument: Cashless bail leads to increased crime rates.
- Executive Order: Aims to cut federal funding for jurisdictions allowing cashless bail.
- Counter Argument: Researchers argue that Trump’s claims are baseless, and cashless bail is often reserved for minor offenses.
- The push for cashless bail in the US gained momentum after the case of Kalief Browder, a Black teenager who spent three years in prison for allegedly stealing a backpack because he could not afford the $3,000 bail.
- Browder’s case highlights the potential for injustice within the traditional bail system, where individuals can be detained for extended periods simply due to their inability to pay.
Impacts and Challenges of Cash Bail System:
The cashless bail debate in the U.S. and India underscores concerns over fairness and access to justice, as financial barriers often disadvantage the poor. Reforms must balance equity with public safety, ensuring liberty isn’t determined by wealth.
https://indianexpress.com/article/explained/explained-law/trump-cashless-bail-india-9680578-10218811
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