More than 460,000 legally innocent people sit in jail awaiting trial because they cannot afford bail. That's over 70% of the U.S. jail population. The 8th Amendment bans excessive bail, but 60% of defendants stay locked up pretrial simply because bail exceeds what they can pay.
Illinois eliminated cash bail in September 2023. Jail populations dropped with no increase in failure-to-appear rates. Violent crime and property crime fell in Cook County, including a 15% reduction in Chicago. The cash bail system punishes poverty—defendants who are detained have a 12% lower chance of being employed three years after their bail hearing, even if never convicted.