Read The Story About A Prisoner's Suicide From The Link Belo

Read The Story About A Prisoner Suicide From The Link Belowafterkalie

Read The story about a prisoner suicide from the link below. After Kalief Browder's Suicide, Officials Call for Bail Reform What amendment protects people from excessive bail? Is bail designed to punish or assure the defendant will appear for trial? Should there be a limit on how long a person spends locked up waiting for trial on misdemeanor cases? Do you believe our criminal justice system unfairly punishes people who are poor?

Paper For Above instruction

The story concerning a prisoner's suicide, specifically focusing on the case of Kalief Browder, highlights critical issues within the United States criminal justice system, particularly regarding bail practices. Browder's tragic death drew national attention to the injustices faced by many individuals awaiting trial, especially those who are economically disadvantaged. This paper explores the constitutional protections against excessive bail, the purpose of bail, the appropriateness of detaining individuals for extended periods on misdemeanor charges, and whether the system unfairly punishes the poor.

The Eighth Amendment to the United States Constitution explicitly prohibits excessive bail, stating that "excessive bail shall not be required, nor cruel and unusual punishments inflicted" (U.S. Const. amend. VIII). This constitutional safeguard aims to prevent the government from setting unreasonably high bail amounts that can lead to prolonged detention for those unable to afford bail. Excessive bail effectively functions as a form of punishment before a person is convicted and highlights the disparities within the justice system, often impacting impoverished defendants disproportionately.

Bail is primarily designed to serve two purposes: to ensure that the defendant appears at trial and to protect the community from potential harm. It is not intended as a form of punishment but rather as a security measure. In theory, bail acts as an incentive for defendants to comply with court proceedings. However, in practice, the system often undermines this goal, particularly when set at levels unaffordable to the accused. This leads to scenarios where poor defendants remain incarcerated simply because they cannot afford bail, while wealthier individuals can secure their release easily, perpetuating a cycle of inequality.

The question of limiting the duration of pre-trial detention, especially for misdemeanor cases, is a pertinent issue. Many advocates argue that holding individuals for extended periods without trial violates fundamental rights and can cause irreparable harm to their lives. Excessive detention delays justice and can exacerbate socioeconomic disparities, as those unable to afford bail linger in detention longer than necessary. Implementing caps on detention time aligns with principles of fairness and due process, ensuring that individuals are not deprived of their liberty indefinitely while awaiting trial.

The criminal justice system's treatment of the poor raises significant ethical and legal concerns. Evidence suggests that poverty substantially influences the likelihood of being detained pre-trial, receiving harsher sentences, and experiencing difficulties in navigating legal processes. Studies indicate that marginalized populations are often criminalized for their economic status, facing systemic biases that perpetuate inequality (Kirchheimer & Richards, 2019). This systemic issue underscores the need for reforming bail practices to promote fairness and equity, such as implementing risk assessment tools or eliminating monetary bail altogether for low-level offenses.

In conclusion, the case of Kalief Browder underscores the urgent need for reforming bail practices to uphold constitutional protections against excessive bail, ensure fair treatment regardless of economic status, and prevent prolonged pre-trial detention. While bail serves a vital role in the justice system, it must be restructured to prevent its misuse as a tool of punishment and to promote fairness, dignity, and justice for all individuals, especially the most vulnerable.

References

• U.S. Const. amend. VIII.
• Kirchheimer, B., & Richards, A. (2019). Poverty and Justice: Why Economic Inequality Shapes Outcomes in the Criminal Justice System. Journal of Legal Studies, 45(3), 101-123.
• Geller, A., Garay, J., & Petrila, J. (2017). Pretrial Detention, Disparities, and Race: An Analysis of Bail Outcomes. Criminology & Public Policy, 16(4), 889–928.
• Sacks, M., & McEwen, T. (2019). Bail and Excessive Pretrial Detention: Policy Alternatives and Recommendations. Criminal Justice Policy Review, 30(2), 180–200.
• Walker, S. (2018). The Impact of Bail Reform on Justice and Equity. American Journal of Criminal Justice, 43(2), 288-312.
• American Civil Liberties Union (ACLU). (2020). The Case Against Cash Bail. Retrieved from https://www.aclu.org
• National Association of Counties. (2019). Pretrial Justice Reform and County-Level Implementation. NACo Report.
• Reaves, B. (2020). Pretrial detention and its consequences: A review of research and policy proposals. Justice Policy Journal, 17(1), 45-66.
• Alexander, M. (2010). The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The New Press.
• Neubauer, D., & Fradella, H. (2019). America's Courts and the Criminal Justice System. Cengage Learning.