The Pretrial Fairness Act (PFA) removing cash bail on January 1st aims to allow all people accused of a crime the same chance to be released or stay in jail before their trial .
The factors determining whether a person should remain behind bars or go home will be centered around if they’re considered a threat to a community or if their likely to be escape the state to avoid their trial. In that event, they would be labeled a “flight risk”.
Prior to the law taking effect, experts believe white inmates have a higher chance to be released before their trial than other minorities.
Lake County State's Attorney Eric Rinehart said it’s due to white families having wealth available that has grown and been passed down over generations.
"My grandfather fought in World War II, is white, and bought a house in Chicago," Rinehart said. "Not everybody could buy a house in 1947."
Rinehart believes it's unfair the justice system is based on money given America has a history of discrimination towards minorities.
He explained how many white Americans share this same luxury along with better job opportunities, which make for resources to get them out of jail if arrested.
“People are able to put up their houses and have access to 401ks for bail currently,”
The United States Department of Justice in 2019 study on jail populations throughout Illinois. It found that 89% of inmates were males, 33% of that group were white, and 50% were black. The remaining 14% were Hispanic.
Dr. Jaleel Abdul-Adil is the Co-Director of the Urban Youth Trauma Center at the University of Illinois at Chicago.
He shared how America's track record of oppression relating to employment and housing has led some Black Americans to criminal activity in order to survive, but later would cause them to get arrested.
"There is no job discrimination when it comes to dealing drugs," Dr. Abdul-Adil said. "Harming sometimes your own community in desperation through armed robberies and other things"
Dr. Abdul-Adil explained how Black Americans going to jail once hinders them getting a legal job, which puts them back into a position to possibly commit crimes again. It ultimately creates a pattern of being in and out jail trying to feed one’s family.
"Unfortunately, if you get convicted of crimes particularly felonies, that further denies your income opportunities, and residential location," Dr. Abdul-Adil said. "Then the system and the cycle just get worse and worse"
Dr. Abdul-Adil added that black Americans not having the money available to afford their bond also means they can't pay fora lawyer they feel is suitable to argue their case.
As a result, they may be more likely to be sentenced to prison.