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in applied price theory, comparative institutional analysis, constitutional political economy, David Friedman, economics of crime, law and economics, property rights
Freedom comes at a Price: The Medieval History of Bail
20 May 2021 Leave a comment
Posted by Sara M. Butler, 19 May 2021.
On July 1, 2021, Ohio courts are entering into a new age of bail reform. Ohio’s Supreme Court ruled recently that not only must all Ohio counties adopt a uniform monetary bail schedule, but before resorting to cash bail, the courts must explore the option of release on non-monetary personal recognizance.[1] The motivation behind this extraordinary change is socioeconomic: it has long been recognized that the bail system privileges the rich. Those who cannot afford to cough up the cash for bail (or, at least the 10% required by a bail bondsman) are left to languish in prison until trial. This is true even of those accused of minor crimes, in which, if convicted, the maximum prison sentence would be less than the time it takes for the case to work its way through the judicial system to trial. Despite the…
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