Unshackling justice: exploring the impact of bail reform in the carceral state
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Abstract
This study delves into the dynamics of progressive policy changes aimed at reducing or entirely getting rid of the financial constraints of pre-trial release. Ultimately, it aims to answer the question, to what extent have progressive bail reforms reduced the overall size and adverse outcomes of the carceral state? Using a non-reformist reform framework, this work critically assesses how successful these reforms are at reducing size, power, and adverse outcomes of the carceral state. Through a quantitative analysis of pre-and post-reform metrics from New York and New Jersey, this paper asses how pre-trial population and release decisions have shifted in the years since both states have implemented sweeping reforms. Furthermore, through textual analysis, this paper analyzes how the maintenance and implementation of the New Jersey bail reform has shifted decision-making authority. These analyses are then used to explore how reform is used to uphold, maintain, or dismantle a system that is creating harm. I find that while cash bail has reduced, a non-monetary release conditions have increased which raises some concerns about the expansion of supervision power of the state. This literature contributes to the body of work on criminal justice reform and carceral abolition and highlights a method for considering incremental reform that works towards the overall abolition of a system.
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2024