Civics: America Is Waking Up to the Injustice of Cash Bail

Bryce Covert:

On any given morning, some 20 people in orange jumpsuits sit in a pen in a courtroom at the Orleans Parish Criminal District Court in New Orleans, Louisiana. Most rest their handcuffed wrists in their laps; a chain connects the cuffs to shackles around their waists and ankles. They’ve been arrested for allegedly committing a range of offenses, from possessing drugs to stealing a girlfriend’s car to strangling a domestic partner. But at this point, none of these people have been formally charged with a crime, let alone convicted of one. As far as the law is concerned, they’re innocent.

As they make their appearance before Magistrate Judge Harry Cantrell, each defendant gets approximately three minutes to meet with a public defender, if they’re found poor enough to need one, and explain why the charges they’re facing should be dismissed or, barring that, why their bail should be low. This meeting takes place in a Plexiglas booth that resembles a bank teller’s window, with the public defender, who serves every indigent person in court that day—in New Orleans, over 85 percent of criminal defendants are represented by a government-appointed lawyer— separated from her clients by a wall of clear plastic.