“Under the law, you’re not supposed to use cash to keep people detained. Cash bond is always supposed to be just a way of making sure people are complying with the rules to decide if they actually are guilty or not,” said Cecelia Klingele, a professor at the University of Wisconsin Law School. “The idea is if you have money, you get to be out pending release, and if you don’t have money, you’re stuck, and so we should set high bonds that people can’t meet. In fact, under existing law — U.S. and state law — you have to set reasonable bonds in amounts that people are expected to be able to pay. People are supposed to be out pending release. And we use conditions to keep everyone safe, not money, which has disparate effects on different people.”
Office of Strategic Communication