CHICAGO (WLS) — Every courthouse in the state of Illinois has operated without cash bail for almost two years.
Researchers from the Criminal Justice and Criminology Department at Loyola University have observed that the system operates effectively without any rise in crime rates.
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According to Professor David Olson, Co-Chair of Loyola University’s Center for Criminal Justice, “Individuals with financial means who may pose a danger cannot simply purchase their release, and financially disadvantaged individuals who do not pose a threat are not left in jail unable to post bail.”
Olson notes that the probability of someone committing a violent crime after being released before trial is minimal. He mentions that prosecutors, once skeptical about a cashless bail system, now find it beneficial for ensuring that dangerous offenders remain detained.
“I think many of them do recognize the value of being able to detain someone who poses a danger and know that they can’t post money,” Olson said.
Falsely claiming people charged with murder are released, President Donald Trump signed an executive order to do away with cashless bail.
“We are ending it, but we are starting by ending it in D.C. and that we have the right to do through federalization,” Trump said.
But legal experts say the president does not have the legal right to end cashless bail in the states or local jurisdictions.
Northwestern University Pritzker School of Law Professor Alexa Van Brunt states, “It is within the rights of states, municipalities, and local governments to determine how they will manage their criminal justice systems.”
Van Brunt adds that the legal framework is explicit, and the courts will not align with the president. However, he has issued threats to cut federal funds to areas that do not adhere.
“How these lawsuits will turn out is a little unclear on the federal funding question,” Van Brunt said.
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