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The White House argues that mandating cash bail is crucial for public safety. However, research from Illinois — the first state to completely eliminate cash bond — suggests otherwise.
Mandating Cash Bail for Public Safety
President Trump signed two executive orders on August 25 to stop jurisdictions from allowing suspects to be released without posting a bond. The White House claims that requiring cash bail will enhance public safety by preventing individuals from committing crimes before their trials.
Research in Illinois Contradicts the Claim
Experts point out that crime rates have actually decreased since Illinois eliminated cash bail. University of Chicago researcher Alison Siegler states, “All evidence points to positive outcomes with cash bail reform. Things have gotten better, not worse.”
Illinois reformed its bail system in 2022 via the Pretrial Fairness Act, which abolished cash bail. Governor JB Pritzker signed this act into law and it went into effect the following year.
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Impact on Suspects’ Release
Prosecutors must now request that serious crime suspects deemed dangerous or a flight risk be held in jail before trial. Defendants are otherwise released based on their promise to appear, rather than by paying a specific cash amount.
White House’s Rationale for Cash Bail
According to Trump, allowing suspects to walk free without posting bond will result in them committing crimes and endangering society. He stated, “They kill people and they get out.” Critics argue that this reduces the incentive for defendants to appear in court.
Illinois Research Contradicts Warnings
A Loyola University Chicago study shows that the rate of defendants failing to appear has slightly decreased from 25% to 23%. Data also indicates that more people charged with serious crimes are being held. Only about 50% of such defendants are released before trial now, compared to around 60% previously.
More Deliberative Process
The Illinois law has created a more thoughtful pre-trial detention system. Bond hearings that once took minutes now last an hour, with prosecutors making strong arguments for detaining suspects. This ensures society only spends resources on those who truly pose risks to public safety or flight.
