💸 Bail: 1,500 years old... and on its way out?

[Google recently announced]( that it would no longer allow the bail bond industry to advertise on its platforms, and Facebook is expected to make a similar move soon. Why would they turn down the dough? “[Studies]( show that for-profit bail bond providers make most of their revenue from communities of color and low income neighborhoods when they are at their most vulnerable,” Google said [as part of its announcement]( “including through opaque financing offers that can keep people in debt for months or years.” [Opponents of for-profit bail say]( those who can’t make bail with their own resources are pushed into further poverty by the fees charged by commercial bonds agents—commonly referred to as bondsmen. Defenders of the industry argue that the system works in regards to its main purpose: Getting the accused to appear in court. [A study by economists Alex Tabarrok and Eric Helland]( found that those released on bail bonds “are 28% less likely to fail to appear.” Is it time for the US to free itself from bail? 🐦 [Tweet this!]( 🌐 [View this email on the web]( [Quartz Obsession] Bail August 01, 2018 Giphy Contentious issues To bail or not to bail? --------------------------------------------------------------- [Google recently announced]( that it would no longer allow the bail bond industry to advertise on its platforms, and Facebook is expected to make a similar move soon. Why would they turn down the dough? “[Studies]( show that for-profit bail bond providers make most of their revenue from communities of color and low income neighborhoods when they are at their most vulnerable,” Google said [as part of its announcement]( “including through opaque financing offers that can keep people in debt for months or years.” [Opponents of for-profit bail say]( those who can’t make bail with their own resources are pushed into further poverty by the fees charged by commercial bonds agents—commonly referred to as bondsmen. Defenders of the industry argue that the system works in regards to its main purpose: Getting the accused to appear in court. [A study by economists Alex Tabarrok and Eric Helland]( found that those released on bail bonds “are 28% less likely to fail to appear.” Is it time for the US to free itself from bail? 🐦 [Tweet this!]( 🌐 [View this email on the web]( Breaking the bondsmen --------------------------------------------------------------- The concept of bail—a set of restrictions placed on defendants while they await trial—has been around for nearly 15 centuries, dating back to medieval England. But it’s starting to seem extremely outdated. The for-profit bail bond business, which requires people to pay a cash deposit to be released from jail, is now legal in just two countries: The United States and the Philippines. In other countries like the UK, for-profit bail is a thing of the distant past. The UK’s Bail Act of 1898 gave justices the power to nix [cash sureties when they saw it to be appropriate (for those committing less-serious crimes) and find other methods of ensuring court appearances.]( That prevented long jail stays for those who could not afford cash bail, meaning for-profit bail bond providers had little need to exist. [It was around this same time]( that the first commercial bail-bond company was formed in the US. The US [locks up more people]( than any other country in the world, issuing [$14 billion in bail bonds]( per year. Critics of bail in the US, which [has grown into a $2 billion industry]( say it has contributed to mass incarceration, criminalizes poverty, and [leads to loss of employment]( and [other financial consequences](. According to one study by [the Vera Institute of Justice,]( three in five people in US jails are there because they cannot afford bail. Reuters/Mario Anzuoni Explain it to me like I’m 5! How bail works --------------------------------------------------------------- As the [American Civil Liberties Union puts it,]( bail exists for one simple reason: Defendants are presumed innocent until proven guilty. Let’s say you get arrested. [The main idea behind bail]( is to reassure authorities that you will attend all court hearings and, if necessary, a trial. In the US, this almost always takes the form of a cash payment. If the incident is considered a minor crime, you will likely be released without having to post bail, which is called “on one’s own recognizance.” You just have to sign something saying that you will show up in court. In more serious cases, the court will attach a dollar amount to your crime, which is basically a deposit that gives it confidence that you will come back for court hearings. The more serious the crime, the more the court will require. In very serious cases, or if the court has reason to believe that your next stop will be the nearest international airport, the court reserves the right to keep you in custody without offering bail. If you do not have enough money to cover the entire bail amount, you will have to stay in custody until the court date comes around. Or you can pay with a bail bond, and that’s where the for-profit bail bond business comes in. Bail around the world --------------------------------------------------------------- Bail doesn’t always take the form of a cash payment. Here are some other bail conditions that are used around the world. 🇦🇺[Australia:]( Some forms of bail require the submission of a “character acknowledgment,” which is when a person of “good character” signs a form stating that they believe the accused will follow court orders. 🇨🇳[China:]( Bail decisions are made by police and prosecutors and often require a guarantor. If the suspect does not appear back in court, the guarantor will lose whatever cash or property has been posted and may also be arrested. 🇨🇿[Czech Republic:]( Courts may accept a written word of honor from the charged person as a form of bail. 🇫🇷[France:]( In cases of police custody, which generally lasts no more than 48 hours, bail is not permitted. 🇯🇵[Japan:]( Bail is not permitted before indictment. After indictment, bail is rarely granted to non-Japanese residents. 🇲🇽[Mexico:]( Defendants are never released on their own recognizance. 🇬🇧[United Kingdom:]( Defendants are typically released on their own recognizance, unless the court finds a reason to deny bail completely. Charted![atlas_SJP7G6c2-@2x] By the digits [62%:]( Proportion of the US jail population consisting of people who can’t afford bail, according to the Vera Institute of Justice [400,000:]( People in jail on an average day in the US who have not been convicted of any crime [2.3 million:]( People incarcerated in the US each year [25,000:]( Bail bond companies in the US [15,000:]( Bail bond agents working in the US [$10,000:]( Median bail for a felony arrest in the US [8:]( US states where commercial bail bonds are illegal [$38 million:]( Daily cost to US taxpayers for jailing those awaiting trial [$3 million:]( Amount that Jay-Z’s Roc Nation and First Round Capital invested in Promise, a “de-carceration startup” [$61,000:]( Average salary for a bounty hunter working in New York City Origin Story How bail first turned a profit --------------------------------------------------------------- Peter and Thomas McDonough were the first to cash in on the idea that a defendant who is unable to afford bail would gladly pay someone else a smaller fee to get out of jail. [Around 1898,]( the brothers [founded what is believed to be]( the first commercial bail bond company in the US out of their father’s saloon near San Francisco’s Hall of Justice. They established the for-profit bail business model that remains intact across much of the US today: Bondsmen post the court-ordered bail payment in full and the defendant pays them a percentage of that, which is typically 10% to 15%. Part of this deal on the bondsman’s part is ensuring that the defendant shows up for court appearances. Should the defendant flee, and the bondsman cannot track down and return the individual to court, the bail that was posted initially will not be returned to the firm. If the defendant does attend the required court hearings, the bondsman will get the bail back and keep the percentage fee paid by the defendant. The McDonough Brothers’ firm established [a successful business model that lasted for over 40 years,]( but it may be better remembered for its ties to organized crime than as a pioneer of for-profit bail bonds. “No one can conduct a prostitution or gambling enterprise in San Francisco without the approval direct or indirect of the McDonough brothers,” a grand jury said in 1920. Several years of corruption allegations, along with the Great Depression, would ultimately lead to [the firm’s demise in 1941.]( DIY How to become a bounty hunter --------------------------------------------------------------- Sometimes, bond agents need a little help ensuring that their clients show up in court, so they hire folks to track down fleeing defendants. If this sounds fun to you, have you considered [becoming a professional bounty hunter?]( In most US states, any private citizen can become one by completing the required hours of training and acquiring a license. The pros typically pull in 10% to 20% of the total bail bond for a successful fugitive retrieval. Just don’t overlook the risks. It’s “definitely not easy money,” Rex Taylor, a bounty hunter in Idaho who had been stabbed on four separate jobs, [told The Economist.]( Timeline A brief history of bail --------------------------------------------------------------- [1066:]( Upon the Norman Conquest of England, the role of the state in criminal justice grows. All crimes under Anglo-Saxon law had been considered bailable. But over the next 100 years, Norman custom evolves to make offenses like murder non-bailable. 1166: The Assize of Clarendon makes crimes like murder and “forest offenses” (illegal hunting or trespassing royal forests) non-bailable. 1215: The Magna Carta further defines and protects the legal rights of the English as criminal defendants. [1679:]( The English parliament passes the Habeas Corpus Act, which included a provision that magistrates would set bail terms. [1689:]( The English Bill of Rights sets restrictions on “excessive bail.” 1789: The US Constitution’s Eighth Amendment states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” 1898: The first US commercial bail bond firm is established. [1966:]( The US Congress passes the Bail Reform Act, aiming to combat discrimination against the poor by putting as small of a financial burden as possible on the released defendants. [1984:]( The Bail Reform Act of 1984 creates new categories for people who can be held without bail—including those charged with serious crime, flight risks, and repeat offenders. Reuters/Las Vegas Sun/Steve Marcus Pop quiz Which of the following defendants once faced a $3 billion bail bill? Bernie MadoffRobert DurstDmitry FirtashSubrata Roy Correct. New York real-estate heir Robert Durst was acquitted of murder in 2003, but got hit with new charges of bond jumping and tampering with evidence in 2004. His bail was initially set at $3 billion, which eventually lowered to $450,000. Incorrect. If your inbox doesn’t support this quiz, find the solution at bottom of email. Quotable “There are three people you need in life: an accountant, a fishmonger, and a bail bondsman.” — [Guy Fieri]( Watch this! John Oliver’s Take --------------------------------------------------------------- America’s bail system is better for the reality TV industry than it is for the justice system, according to the host of HBO’s Last Week Tonight. Let’s talk Should commercial bail be outlawed in the US? --------------------------------------------------------------- Be among the first to join our new community of [Obsession Obsessives on Reddit]( and let us know what you think. Giphy Poll What’s the best song about jail? [Click here to vote]( Folsom Prison Blues - Johnny CashJailhouse Rock - Elvis PresleyThese Walls - Kendrick LamarMurder Was The Case - Snoop DoggOut on Bail - Tupac Shakur The fine print In yesterday’s poll from our Obsession on [honey]( 72% of you said that Bee Movie was “no one at their best.” Today’s email was written by [Justin Sablich]( edited by [Jessanne Collins]( and produced by [Luiz Romero](. 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