Disadvantages of Bail Bond System
The argument about the bail bond system has been raised a lot recently. Some of the major arguments are:
1. Lower Income Group Unable to Pay Upfront Installment: Many people, including some in the legal profession, believe that the bail bond system is unfair since it forces low-income defendants to remain in jail or find 10% of the bail amount in cash and the remaining amount in collateral before they are even given the opportunity to face criminal charges. According to the Prison Policy Initiative, 5,36,000 or so Americans are being detained in jails due to their inability to pay for bail or the services of a bail bondsman.
2. Impact on the Use of Collateral: If the accused fails to appear in court after their family has paid the required bond, The whole bond sum has now been lost by the family. This might cause the defendant’s extended family to experience financial hardship. If they used collateral (a house, for example) to get the bond, they could be facing foreclosure.
3. Employing Bounty Hunters: It has been said frequently that bounty hunters are “acting as wildly unregulated quasi-police.” They may resort to using lethal force in order to recoup their “unpaid installments.” Bounty hunters take advantage of their victims in order to collect outstanding skip fees.
4. Unfair Practices: Four states—Illinois, Kentucky, Oregon, and Wisconsin—have abolished bail bondsmen, requiring a 10% deposit on the bail amount to be placed with the court, and also because of using unfair practices for recovery. California decided in 2018 to remove monetary bail from its judicial system.