Ethan Frenchman

  • April 21, 2017
    Guest Post

    *This piece is part of the ACSblog Symposium: 2017 ACS National Convention. The symposium will consider topics featured at the three day convention, scheduled for June 8-10, 2017. 

    by Ethan Frenchman, Appellate Attorney, Maryland Office of the Public Defender and Arpit Gupta, Professor of Finance, NYU Stern School of Business

    The evidence is in, and America’s money bail system is not worth the cost.

    America and the Philippines are the only two nations that employ a wealth-based pretrial detention system. In this system, criminal defendants are arrested and then assessed an amount of money. If the money is not paid or guaranteed by some other person, the accused remains in jail. The end result of this system is easily understood: rich defendants buy their freedom, and the poor sit behind bars.

    Richard Stanford, for example, is a poor defendant. A Vietnam veteran, Mr. Stanford had exactly 31 cents to his name when he was arrested for trespassing in Baltimore County, Maryland. But the judge set his bail at $2,600 and Mr. Stanford was consequently jailed for weeks because he could not buy his freedom for even 10 percent: $260.

    This wealth-based system has been called the “front door” of mass incarceration, and for good reason. With more than 400,000 people detained in America awaiting trial, the jails are overflowing with non-violent, presumptively innocent people like Mr. Stanford. This is no surprise in light of the fact that freedom costs money, and the majority of Americans, as the Federal Reserve announced, do not have $400 available for an emergency.

  • January 3, 2017
    Guest Post

    by Ethan Frenchman, Appellate Attorney, Maryland Office of the Public Defender and Arpit Gupta, Professor of Finance, NYU Stern School of Business

    Across the United States, judges routinely require criminal defendants, who have not been convicted of any crime and are presumed to be innocent, to buy their freedom in the form of money bail. As any defense attorney can attest, this system jails the poor and allows the rich to free.

    And because many criminal defendants are poor, the key factor in the incarceration of people awaiting trial is poverty, not their risk to society or their risk of failing to appear in court. As a result, on any given day more than 450,000 people are in jail merely awaiting trial. The human and economic costs of this unnecessary detention are staggering.

    In a study of pretrial detention in Maryland, we found that more than 17,000 people were jailed because they were too poor to pay a bail amount of less than $5,000. Those unable to pay the full amount of money bail set by the court must resort to bail bondsmen, who typically demand 10 percent of the total bail amount as a non-refundable fee for securing the defendant’s release. This means that these people could not buy their freedom for $500. Because we looked at only a fraction of Maryland criminal cases, this statistic dramatically underestimates the total.