The End of Bail
In the 1970s, DC pioneered the move away from cash bail. While intended to be progressive, it was replaced by a system of Preventive Detention. Under DC Code § 23-1322, a judge can hold a defendant without bond if they find that no condition of release will reasonably assure the safety of the community.
Predicting "Dangerousness"
Judges are asked to predict the future based on past arrests (even without convictions) and police narratives, often leading to biased decisions against Black defendants.
The Cost of Detention
Even a few days in jail can cause a person to lose their job, housing, and custody of their children. This pressure often forces innocent people to plead guilty just to get out.
DC Code § 23-1322
The law that allows indefinite detention based on a "finding" of dangerousness, effectively stripping the presumption of innocence.