In grade school, we were taught that Americans are all “innocent until proven guilty” and that this principle was the foundation of our nation’s criminal legal system.
Unfortunately, over the years, I learned that this right was available only to those who could afford it. The size of a person’s bank account was the main factor determining who could return home and who would await trial in a jail cell.
Those unable to afford a money bond to secure pretrial freedom endured devastating consequences, including the loss of their homes and jobs. In some cases, they even lost custody of their children. And, as with most issues that arise in our criminal system, the impacts are far greater for Black and brown people. Right here in Cook County, nearly 75% of the people jailed are Black, while less than 25% of Cook County residents are Black.
I am using the past tense when talking about wealth-based jailing, as Illinois is back on track to become the first state in the country to do away with the archaic practice. This week, the Illinois Supreme Court ruled that the Pretrial Fairness Act does not violate our state’s constitution and that county court systems must proceed with ending money bail.
For years, some elected officials and court system stakeholders have stood in strong opposition to ending the use of monetary bond. The courts have now spoken; it is time to put our differences aside and work together to implement this reform in the name of public safety.
From the moment the Pretrial Fairness Act was signed into law, conservative forces worked to repeal it or reduce its impact. These efforts included a misinformation campaign meant to confuse the public about the law’s impact and the filing of lawsuits challenging the law’s constitutionality. Throughout these efforts, the public has consistently stood by reforming the pretrial system.
During last year’s elections, many Republicans attempted to make the election a referendum on bail reform. In cities, suburbs and small towns, Illinoisans stood by the state representatives and senators who voted for the Pretrial Fairness Act. Similar dynamics appeared during Chicago’s mayoral race. Voters were given a choice between calls to “take the handcuffs off police” and Mayor Brandon Johnson’s vision for investing in marginalized communities. Again, the majority of voters stood by the premise that we must reimagine community safety.
Wealth-based jailing has been brought up in our legislature twice, effectively placed on the ballot and heard by the courts. It is time to roll up our sleeves and see this historic reform through. Continuing to attempt to sabotage the law’s implementation will not only ignore the will of Illinoisans, but it will also put public safety at risk. Throughout our state, judges, prosecutors and law enforcement officials are tasked with upholding the rule of law. They have a responsibility to work together with advocates, community members and their fellow stakeholders to ensure that the law is properly implemented. Failing to do so could have devastating consequences for the accused and the survivors of crime.
Many stakeholders have chalked up their resistance to ending money bond as acting in the interest of crime survivors. It is important to remember that the Pretrial Fairness Act was drafted in part by some of the state’s leading advocates against gender-based violence and for crime survivors. Under the previous system, access to wealth, not community safety, was the main factor determining who was jailed and who was released while awaiting trial. Not only does ending money bond ensure that rich and poor are treated equally during the pretrial process, but it also ensures that safety is the main factor determining pretrial release.
For decades, wealth-based jailing has ravaged our state’s most marginalized communities and fueled mass incarceration. While expanding access to pretrial freedom may worry some, there is a wealth of data showing it can make our communities safer. Pretrial jailing leads to worse case outcomes for the accused who are often pressured into accepting plea deals so they can be freed from the horrid conditions that exist in many county jails.
We cannot allow fear to dictate public policy. Of course, not everyone who benefits from pretrial justice reforms will succeed. Someone will inevitably be released as a direct result of these reforms and use that freedom to harm another community member. Unfortunately, this is inevitable. While we can’t control every person released from custody, we can control our response to any tragedy. Throughout the country, opportunists have tried to leverage individual tragedies to roll back reforms that have benefited thousands who haven’t harmed anyone. No policy is foolproof, and we are destined to perpetuate mass incarceration if our expectation is that reforms will have a 100% success rate.
The Rev. Martin Luther King Jr. famously said that the “moral arc of the universe is long, but it bends towards justice.” Many of us also remember King quoting from Amos 5:24, “But let justice roll like a river, righteousness like a never-failing stream.” What most don’t consider about this verse is that it is written in the midst of much admonition regarding the treatment of the people, including the observation in Verse 6 that “there are those who hate the one who upholds justice in court and detest the one who tells the truth.”
Thousands of people from all walks of life have worked for years to bend the moral arc in Illinois; it is time for justice to prevail.
The Rev. Otis Moss III is the senior pastor at Trinity United Church of Christ.
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