The price of freedom and criminalization of poverty Right to be treated fairly by institutions that govern remains elusive

As we honor Dr. Martin Luther King Jr’s legacy, it is important to recognize that civil rights battles continue in ways that are often unseen. The right to be treated fairly and equitably by institutions that govern this country remains an elusive concept more than 50 years after his death.

One place where unseen injustice occurs every day in mass proportions is in our criminal legal system which irreparably harms millions, including those held in jail detention before trial.

People have been led to believe that those arrested on suspicion of a crime are innocent until proven guilty. But this is simply not true. Statistics make clear that the presumption of innocence is reserved for those with access to money. There are approximately 400,000 people in this country who are being held in cages while awaiting trial every day.

In Los Angeles, home to the largest jail system on the planet, it is estimated that 46% of the 14,000 people held in jail are being detained pretrial, often for days and weeks, before receiving an attorney or seeing a judge. That’s 6,440 people! And it’s been estimated that about 72% of those detained pretrial are there because they can’t afford bail. That’s 4,600 Angelenos unnecessarily, and unjustly separated from their children, their families and their lives.

While the separation from your community is awful enough, the extreme and life-threatening harms that people face while in jail pretrial is also a crucial part of these less visible stories.

BIPOC and LGBTQ+ people are disproportionately impacted by this systemic injustice. Over 85% of people in LA jails are BIPOC. LGBTQ+ people are twice as likely to be arrested relative to the rest of the population. A survey of incarcerated LGBTQ+ people revealed that 74% of those interviewed were incarcerated simply because they couldn’t afford the price of freedom.

The battle against this egregious system of poverty punishment is not new, but it has once again come into the spotlight in LA, in part because of the unrelenting work of those most impacted and advocates. We refuse to let our communities continue to suffer these harms. We continue to fight because we see how progress can be undermined when government actors disregard court rulings.

For instance, the California Supreme Court ruled that the state’s money bail system violates due process and equal protection in what is commonly referred to as the Humphrey decision. And while many may have expected to see movement towards a different and better reality for LA, 15 months later the LA Superior Court reinstated one of the most expensive bail schedules in the country. It did so in spite of the CA Supreme Court decision and without any evidence that secured bail improves public safety.

In fact, empirical literature has concluded just the opposite. So, we must acknowledge that even a decision by the state Supreme Court does not immediately turn the tide and can, in some cases, have little impact on what is practiced.

Angelenos must care about and commit to something different for anything to change. Supervisor Hilda Solis and former Supervisor Sheila Kuehl exemplified this type of care and commitment in 2021 when they co-authored two motions — unanimously passed by the full Board — that support the Supreme Court decision, activating county resources to address the problem that cash bail and pretrial detention poses.

But even with this support, actual change for the people in pretrial detention remains unrealized. That’s why Civil Rights Corp and Public Justice’s Debtors’ Prison Project, with a coalition of concerned lawyers and faith leaders, filed a class action lawsuit on Nov. 14, 2022 on behalf of six individuals jailed in LAPD and LASD stations and jails for five days before seeing a lawyer or judge. They could not afford to pay preset money bail as required by LA County’s bail schedule, which assigns monetary amounts based on arrest charges before people are given any hearing in court.

In most cases, these charges were reduced or dropped once a prosecutor reviewed the case and the individuals were ordered released at their first hearing. The case alleges that this bail schedule policy is illegal.

“Our clients can’t afford to pay for housing, let alone the thousands of dollars police demand for their freedom. But they are not too dangerous to release: they would be set free right away if they could pay. They are jailed only because they do not have money. Through this case, they have decided to stand up to LA’s cruel and senseless system of cash-based jailing,” says Civil Rights Corps attorney Salil Dudani.

“Under LA County’s system, a person arrested for a less serious crime is locked up solely because she can’t pay, while another person arrested for a more serious crime is set free because he can afford bail. This is the definition of wealth discrimination, and it has no place in our society or our legal system,” says Debtors’ Prison Project Director Leslie Bailey.

The current problems with pretrial detention and the LA bail system validate Dr. King’s fears about the future. “Until we commit ourselves to ensuring that the underclass is given justice and opportunity, we will continue to perpetuate the anger and violence that tears the soul of this nation. I fear I am integrating my people into a burning house,” King said.

If we take this seriously, we must care for people in our communities who live in poverty and most importantly continue to put out the fire before the house burns beyond repair.

To learn more about pretrial detention, the cash bail system and how to get involved in Los Angeles, visit The Bail Project or Justice LA.