Cardozo Journal of Equal Rights & Social Justice
Abstract
The note argues that cash bail systems disproportionately affect low-income and minority defendants, leading to unnecessary pretrial detention. It advocates for the adoption of risk-based algorithms, such as New Jersey's Public Safety Assessment (PSA), to determine pretrial release, promoting fairness and efficiency. The PSA uses nine factors, excluding socioeconomic elements, to assess flight risk and public safety. The note also highlights Alaska's tailored approach, demonstrating the effectiveness of such tools when adapted to specific state needs. It concludes that widespread adoption of these algorithms, with proper safeguards, could reduce incarceration rates and enhance justice system equity.
Disciplines
Criminal Law | Criminal Procedure | Law
Recommended Citation
Andrea Coppola,
RE: The Pretrial Risk Assessment-How New Jersey's Bail Overhaul is Shaping Bail Reform Across the Country,
27
Cardozo J. Equal Rts. & Soc. Just.
87
(2020).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol27/iss1/7