Cashless Bail: A Conservative Defense

In his column questioning the constitutionality of President Trump’s effort to end cashless bail nationwide, Andy McCarthy writes that the policy itself is “indefensible.” There is, however, a defense to be made of cashless bail — a policy almost exclusively supported by progressives but that conservatives should warm up to.

First, a definition: Cash bail, the dominant bail system in the United States, is a process by which criminal defendants who have been arrested and charged may be released from jail pretrial on the condition that they give a certain amount of money to the court. The judge in a defendant’s bail hearing (which must occur within a few days of an arrest) first determines whether to grant or deny bail, and then the amount that must be paid. (If bail is denied, the defendant stays in jail pretrial.) Those who can post bail go home while their trial is pending; those who cannot post bail remain in jail.

About the Author

John R. Puri

John R. Puri is the Thomas L. Rhodes Fellow at National Review.

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In his column questioning the constitutionality of President Trump’s effort to end cashless bail nationwide, Andy McCarthy writes that the policy itself is “indefensible.” There is, however, a defense to be made of cashless bail — a policy almost exclusively supported by progressives but that conservatives should warm up to.

First, a definition: Cash bail, the dominant bail system in the United States, is a process by which criminal defendants who have been arrested and charged may be released from jail pretrial on the condition that they give a certain amount of money to the court. The judge in a defendant’s bail hearing (which must occur within a few days of an arrest) first determines whether to grant or deny bail, and then the amount that must be paid. (If bail is denied, the defendant stays in jail pretrial.) Those who can post bail go home while their trial is pending; those who cannot post bail remain in jail.