Letters to the Editor: Cash bail is unfair, but so is no-cash bail. Some states strike the right balance

ATLANTA, GEORGIA - AUGUST 16: An exterior view of the Fulton County Jail on August 16, 2023 in Atlanta, Georgia. Former President Donald Trump and 18 others facing felony charges in the indictment related to tampering with the 2020 election in Georgia have been ordered to turn themselves in by August 25. (Photo by Megan Varner/Getty Images)
An exterior view of the Fulton County Jail in Atlanta, where former President Trump was booked and released after paying bail. (Megan Varner / Getty Images)

To the editor: I was a deputy public defender for 35 years, and I have seen the injustice that results from the money bail system. However, replacing that with a no-bail system has its own problems. ("Trump should not have to pay bail," editorial, Aug. 23)

Under a no-bail system, a defendant who is a minimal flight risk is released without bail. But a defendant who is a flight risk without bail is held in custody with no possibility of release, even if that defendant would not be a flight risk if bail were posted.

As a result, under this kind of no-bail system, many defendants who could be safely released on bail are held, because bail is not available under any circumstances.

There are better systems. For example, in many states (such as Pennsylvania and North Carolina), a defendant can be released upon "unsecured bail." This means that the defendant is not required to post any money upfront, but is liable to pay a fixed sum should he or she fail to appear.

The impoverished defendant is not held in jail due to an inability to post bail, and the defendant who is a possible flight risk can still be released on the condition of a financial loss upon nonappearance. Studies show that unsecured bail is just as effective in securing the attendance of defendants as money bail.

Although reform of money bail systems is surely necessary, thought must be given to its replacement to avoid an equally unfair system.

John Hamilton Scott, Sherman Oaks

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To the editor: Finally, a positive headline about former President Trump. But the subject is something your editorial board won't let up on.

How many more "smash and grabs," food vendor stick-ups and other various robberies and shootings do we need in this country to make you understand?

Thankfully, Los Angeles County Dist. Atty. George Gascón has about a year remaining before he is likely voted out of office in the next election. People have had enough of the slapping on the wrists.

It's definitely time for change, and not only in the district attorney's office.

Richard Whorton, Studio City

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To the editor: Who could disagree with your statement that no one, not even Trump, should have to pay cash bail?

Why, those who do not understand the often overwhelming consequences of money bail requirements on those just scraping by, or others who cannot afford money bail and must resort to bail bondsmen for assistance and fall into a trap of never-ending payments.

Money bail is an outdated measure that further removes ordinary people from a moribund justice system held in sway by vociferous, uninformed public opinion.

There is no easy fix to bring police and local judicial systems to a place where the citizens, at very least, respect their value in our democracy. Those who raise their voices for "law and order" should be more aware of how the system should work and how money bail damages lives and costs us all.

Carleton Cronin, West Hollywood

This story originally appeared in Los Angeles Times.