Key Findings
High Use of Bail
- 68% of cases observed had cash bail set.
- Median Bail Amount: $100,000.
- Only 21% of individuals were released on their own recognizance (OR).
Failure to Consider Ability to Pay
- Judges conducted an ability to pay analysis in just 23% of the cases.
- This practice contravenes the California Supreme Court’s In re Humphrey decision.
- Prolonged pretrial detention led to significant personal and economic hardships, including job loss, housing instability, and familial separation.
Disparities in Bail Decisions
- Black and Latine individuals comprised three-quarters of the cases observed.
- Latine individuals had the lowest rates of OR release and the highest rates of cash bail set.
- Individuals with public defenders were less likely to be released on OR compared to those with private attorneys.
Additional Pretrial Release Conditions
- Only 24% of released individuals were released without additional pretrial conditions.
Courtroom Environment
- Observations indicated a hostile and dehumanizing atmosphere.
- Judges often addressed individuals by numbers, not names.
- Bailiffs displayed discriminatory behavior, treating people of color more rudely.
