We must eliminate unjust pretrial detention and create a justice system where jail is only used when absolutely necessary.

When somebody is arrested, a judge decides if they may be freed before trial or if they should be held in jail. This decision is informed by various system stakeholders, including prosecutors and defense attorneys. Judges must weigh defendants’ fundamental right to liberty against any risk they may pose to public safety or the risk they might flee before their court date. But, frequently, judges do not have objective information to make that assessment and, too often, the issue of risk is not addressed: Judges set a bail amount, and poor people are either locked up or in debt. Others can buy their freedom, and community safety is neglected.