We are excited to share the release of our latest report, “Presumed Guilty: The Pretrial Incarceration Crisis in Los Angeles County.” This comprehensive study, conducted in collaboration with UCLA School of Law’s Pretrial Justice Clinic, provides an in-depth analysis of pretrial incarceration practices observed at the Clara Shortridge Foltz Criminal Justice Center (CCB) and the Airport Courthouse during October 2023.

Key Findings

Our findings paint a troubling picture of the current state of pretrial justice in Los Angeles County. Here are some of the most significant insights from the report:

1. High Prevalence of Cash Bail: Cash bail was imposed in 68% of the cases observed, while only 21% of individuals were released on their own recognizance (OR). The median bail amount was $100,000. These high bail amounts contradict the California Supreme Court’s mandate in In re Humphrey, which requires judges to consider an individual’s ability to pay before setting bail.
2. Failure to Consider Ability to Pay: In 82% of the cases, judges failed to conduct an ability to pay analysis, exacerbating the financial strain on disadvantaged communities and perpetuating the cycle of incarceration for those unable to afford bail. Prolonged pretrial detention led to significant personal and economic hardships, including job loss, housing instability, and familial separation.
3. Racial Disparities: Black and Latine individuals made up three-quarters of the observed cases. Latine individuals had the lowest rates of OR release and the highest rates of cash bail, highlighting deep-rooted systemic biases in the judicial process.
4. Burden of Additional Conditions: Even when defendants were released pretrial, only 24% were released without additional conditions, indicating a trend of imposing unnecessary and burdensome restrictions.
5. Hostile Courtroom Environment: Observers noted a dehumanizing environment in Department 30 at CCB, where individuals were often addressed by numbers rather than names, and bailiffs exhibited rude behavior towards people of color.

Corroborating Analysis Reveal Systemic Issues 

UCLA and UC Berkeley’s “Largely Unchanged: the Limits of In re Humphrey’s Impact on Pretrial Incarceration in California” report further underscores the systemic issues within California’s pretrial justice system. This report reveals that despite statewide reforms, significant disparities and unconstitutional rulings persist daily in bail decisions in Los Angeles County. By putting these reports in conversation, we highlight the urgent need for comprehensive policy changes and judicial accountability.

Call to Action

We encourage you to read the full report and join us in our advocacy efforts. 

The findings from these reports underscore the critical need for immediate action to address the inequities and inefficiencies in our pretrial system. 

We urge the Los Angeles County judicial system to:

• Implement comprehensive training programs for judges on conducting ability to pay analyses and recognizing implicit biases.
• Take disciplinary actions against judges who consistently fail to adhere to legal standards.
• Reassign court personnel who contribute to a hostile courtroom environment.

We wrote letters to Judge Ocampo, Judge Jessner, as well as members of the CA Assembly and Senate who represent portions of LA County.

• CCB & Airport Accountability Letter .pdf
• Judge Jessner Accountability Letter.pdf
• 7.24 Lttr to Sheriff Luna + Chief Figueroa.pdf

Stay connected with us through this blog for ongoing updates about this letter campaign and insights from our court-watching efforts.