Many Americans haven’t heard of cash bail. But the idea is central to an election year battle over racism, policing, and mass incarceration.

When arrested on suspicion of committing a crime, everyone in the United States has the right to due process and to defend themselves in court. But in a cash bail system, when judges set bail amounts, those who cannot pay the full amount remain jailed indefinitely—a clear violation of their due process rights—while the rich can pay their way out of jail.

A 2022 report by the U.S. Commission on Civil Rights examined the impact of cash bail and found that between 1970 and 2015, the number of people jailed before trial increased by a whopping 433%.

Reversing progress on bail reform is a new flashpoint in the GOP’s culture wars.

There are currently about half a million such people stuck in jails across the nation who haven’t been tried or convicted of any crimes. The report also found “stark disparities with regards to race,” with Black and brown men most often subject to higher bail amounts.

Thankfully, many states and cities are moving to reform this unfair practice.

In 2023, Illinois became the first state to entirely abolish cash bail. Other states, such as New Mexico, New Jersey, and Kentucky, have almost entirely ended cash bail requirements in recent years. In California, Los Angeles County has also similarly eliminated cash bail for all crimes except the most serious ones.

But in this election year, Republicans are rolling back these efforts—most recently in Georgia.

The state recently passed a bill expanding cash bail for 30 new crimes, some of which appear to be aimed at protesters, such as unlawful assembly. Further, it criminalizes charitable bail funds—and even individuals—that bail out people who can’t afford to bail out themselves.

Marlon Kautz, who runs the Atlanta Solidarity Fund, called........

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