Nearly 70% of people in jail are there because they cannot afford to pay bail, which disproportionately affects low-income individuals.

The equal rule of law can not be achieved without equal resources. One of the major issues with the criminal justice system in America is that the outcome of a case often depends on the amount of money an individual has. Simply put, the people with the most money tend to win, while those who are less well-off are often at a disadvantage. This has led to a system where wealth and privilege can play a significant role in determining guilt or innocence, and where justice is not always served equally. We’ve seen this play out in real-time with the inequality of convictions stemming from the January 6th attacks on our democracy. The wealthiest instigators have managed to stall justice, while the henchmen have felt the full-force of the law in cases of instant karma.

One of the ways in which money can impact the criminal justice system is through bail. Bail is often set at a high amount, and those who cannot afford to pay it may be forced to remain in jail until their trial. This means that those who are less well-off may be more likely to plead guilty to a crime they didn’t commit, simply to avoid spending months or even years in jail awaiting trial. Conversely, those who can afford to pay bail are able to remain free while awaiting trial, and may be able to mount a stronger defense as a result.

Another way in which money can influence the criminal justice system is through the hiring of private attorneys. Private attorneys are often expensive, and only those with significant financial resources can afford to hire them. These attorneys often have more time and resources to devote to a case, and can often provide a more thorough defense than a public defender. As a result, those who can afford private attorneys are often able to secure better outcomes in their cases.

In addition, money can also play a role in plea bargaining, which is a common practice in the criminal justice system. Prosecutors are often willing to offer defendants plea deals, which can result in reduced charges or a lighter sentence. However, these plea deals are often only offered to those who can afford to pay for a private attorney, and those who cannot afford one may be pressured into accepting a plea deal that is not in their best interest. Overall, the issue of money in the criminal justice system highlights a fundamental problem with the way that justice is administered in America. It is essential that we work to create a system that is fair and just for all, regardless of wealth or privilege.

The criminal justice system in America has long been plagued by issues of inequality, corruption, and inefficiency. One of the most pressing concerns is the for-profit prison industry, which has been accused of exploiting inmates for financial gain. For-profit prisons are privately owned facilities that are contracted by the government to incarcerate inmates. These facilities are run by corporations that earn profits by charging the government for each inmate they house. They incentivize longer sentences and higher incarceration rates. Since these facilities are paid a fixed rate per inmate, there is no incentive to reduce the number of inmates or improve rehabilitation programs. The outcome is longer sentences for minor offenses and a higher likelihood of inmates returning to prison after release. Additionally, because of the profit-driven nature of these facilities, they often lobby for harsher sentencing laws and stricter criminal justice policies to increase their profits.

The for-profit prison industry has also been criticized for its lack of transparency and accountability. Unlike public prisons, which are subject to government oversight and public scrutiny, for-profit prisons operate largely behind closed doors. This lack of transparency makes it difficult to assess the conditions inside these facilities and to hold them accountable for any abuses or violations.

In recent years, the federal and state courts in the United States have become increasingly packed with right-wing judges. This has been a deliberate strategy by conservative politicians and interest groups to shape the judiciary in their image, and to advance their agenda through the courts. At the federal level, President Donald Trump made a concerted effort to appoint conservative judges to the Supreme Court and other federal courts. During his presidency, he appointed more than 200 judges to the federal bench, including three Supreme Court justices. Many of these judges are young and have a track record of conservative rulings, which means they are likely to shape the federal judiciary for decades to come.

At the state level, conservative interest groups have poured money into state judicial elections in an effort to elect conservative judges. This has led to an increase in the number of judges who are sympathetic to conservative causes such as voter ID laws, restrictions on abortion, and gun rights. The impact of this trend has been significant. Conservative judges have issued rulings that have rolled back voting rights, restricted access to abortion, and weakened environmental protections. They have also been more likely to side with corporations over workers and consumers, and to limit the power of regulatory agencies.

In contrast, progressive judges tend to support voting rights, reproductive rights, and environmental protections. They are also more likely to side with workers and consumers, and to uphold the power of regulatory agencies to protect the public interest. This trend of packing the courts with right-wing judges undermines the principle of an independent judiciary and threatens the balance of power in the United States. It also risks eroding public confidence in the courts, as people begin to see them as partisan institutions rather than impartial arbiters of justice. As such, it is important for advocates of justice and equality to push back against this trend, and to work to ensure that the judiciary remains a fair and impartial institution that serves the public interest. This can be done by supporting judicial nominees who are committed to upholding the rule of law, and by working to elect politicians who will appoint judges who reflect the values of fairness, equality, and justice.

There have been several recent bills introduced in the United States Congress that aim to take money out of the criminal justice system. One such bill is the Justice Safety Valve Act of 2021, which was introduced in both the House and Senate earlier this year. This bill would allow judges to impose sentences below mandatory minimums in certain cases, which could help reduce the overall number of people incarcerated in the United States and save money on prison costs. Another bill, the Ending Qualified Immunity Act, was introduced in 2020 and would eliminate the legal doctrine of qualified immunity, which currently shields police officers and other government officials from being held personally liable for violating someone’s constitutional rights. Critics argue that qualified immunity makes it difficult to hold law enforcement accountable for misconduct and contributes to a culture of impunity within the criminal justice system. Other recent bills aimed at reducing the financial impact of the criminal justice system include the Justice Act of 2020, which would provide grants to states to improve law enforcement training and accountability, and the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would decriminalize marijuana at the federal level and provide for the expungement of prior marijuana-related convictions. The MORE Act would also establish a trust fund to support community reinvestment programs, which would help to address the harms caused by the war on drugs.

These bills reflect a growing recognition among policymakers that the criminal justice system has become too bloated and costly, and that a more equitable and effective approach is needed. By taking steps to reduce the number of people incarcerated, reform law enforcement practices, and address the root causes of crime, these bills could help to create a more just and humane criminal justice system for all.