Financial Favoritism within

The United States Judicial

System
Synthesis Paper
By: Tess Weber
 Abstract:

In this paper, readers will be informed of discrimination within the court system in

regards to monetary status. Whilst many other factors can contribute to the final ruling of a court

system, this paper focuses only on how someones financial status affects them pretrial, during

the trial, in regards to the final ruling, and post-trial life. Many different views are analyzed and

various aspects that contribute to just how someone financial well off can be at an advantage are

considered.
 Introduction:

Equality under the law is the legal equality of all people where each individual receives

due process within the boundaries of the United States government. Despite the judicial systems

attempt to create a fair courtroom and trial for all, it has created an environment that greatly

favors the wealthy and exploits those of a lower economic status. The purpose of the paper is to

enlighten the readers on the following statements, in the order they are given. The process of

setting and posting bail favors the wealthy. Public defenders are often overworked which lowers

their quality of work. Cheap lawyers are often unreliable and untrustworthy which drains

someones already limited budget; likewise, a more expensive lawyer will produce a higher

quality case.

When a defendant is unable to post bail, they are lead into the courtroom by prison

guards. They enter the courtroom dressed in prison garb and handcuffs. The first impression of

them is an individual likely guilty of the crime they have been sentenced with. This means they

appear guiltier than someone convicted of the same crime, who entered the courtroom in a suit.

This unfortunate occurrence is commonplace in courthouses across the country, and yet the only

difference between each person is their amassed wealth. The influence of money on the judicial

system is startling. In a building where everyone is supposed to be on fair footing, money seems

to put certain people far above others. In the case of O.J. Simpson, despite all the evidence

stacked against him, he is able to pay for and afford the best team of lawyers, which were able to

swing the jury in his favor (O.J.). In cases such as this, money is not only able to post his bail,
likely a meager 250 thousand dollars, but buy his way out of a long term sentencing (Lee). In

many instances, more money means better lawyers -- which results in a better case and more

favorable sentencing. In the case of Robert Durst, he was able to pay for the best lawyers

possible, due to his immense wealth (The State vs. ). His lawyers were able to turn him a

vindictive, cold-blooded murderer into a frail, weak, old man that was only acting out of self-

defense and fear -- which enabled him to later walk free, without even talk of giving him parole

(The State vs. ).

Review of Literature:

Before entering the meat of the research, specific terms and processes must be explored

in order to guarantee best comprehension of the content within this paper. Booked is the term

used when a police officer records information about a suspect such as name, address, birthday,

appearance, and the alleged crime (Silverman). Bail is a monetary fine paid to the courthouse

that is used in order to ensure someone shows up to their trial on time and on the correct date. In

less serious crimes, suspects are often able to post bail immediately post booking (Silverman).

In a normal case, there is a period of forty eight hours between booking and the bail hearing

where a judge determines someones eligibility and total cost of bail (Silverman). In all cases, the

amount of bail depends on the severity of the case and the judges opinion of such a crime

(Silverman). When a bail judge sets bail they must consider the following: (1) criminal record;

(2) history of showing up for past court dates; (3) ties to the community; (4) threat to others; (5)

threat to himself; etc. (Silverman). In extraneous cases, bail can be waived (Silverman). It is
also imperative to note that excessive bail is forbidden in the original Bill of Rights, but due to a

lack of explanation, this is often overlooked in the majority of cases today (Lee).

The process of posting bail is as follows:

Suspect is booked Police officer conducts background check

Suspect is fingerprinted and mugshots are taken Possessions are taken

(returned upon release) Intoxication check Suspect receives one phone

call Suspect is placed in a holding cell with other recently booked persons

(Silverman).

Norman Reimer, executive director of the National Association for Criminal Defense

Lawyers, was less circumspect when he recently spoke about this issue: "Bail is used as ransom

to extract a guilty plea. Fact. (Walshe, Americas Bail).

Each year over twelve million arrest occur (Burdeen.) Due to an inability to post bail

sixty percent of these people remain in jail for an undetermined amount of time (Burdeen). The

Bail Reform Act of 1984 says that a suspect may be released for the following reasons: (1)

Employment; (2) Curfew; (3) Medical Treatment; (4) Psychiatric Treatment (Bail). This helped

courts to set guidelines for whether an individual may be a threat to others if released or not

(Bail). With the Bail Reform Act of 1984, bail received a new definition -- the promise of the

accused to show up at their trial (Bail). It also became a way to ensure the safety of the entire

community as the accused was released (Bail).

 When someone posts bail, it often ensures their presence at court on the date of their trial

(Cook). Once bail has been posted, the person who paid is in what is basically a legal contract to

have the accused show up at court for their trial (Cook). Failure for the accused to show up for

their trial date at the specified time is considered a felony for both the accused and whoever

posted bail for said person (Cook). Any other alternative to ensure someone showing up to their

trial would consist of something such as ankle trackers or a detail for the accused (Cook). These

alternatives and pros and cons are something that will be discussed in depth later in the paper as

Howard County has recently passed a law that would remove the process of bail -- as it is

extremely biased and creates dissent within the court. However, for most of the country, bail is

still the primary way of ensuring cooperation (Cook). Putting down money to ensure a person

shows up to their trial is the most efficient and well implemented process country-wide, to the

current date (Cook).

A recent ruling in Maryland has created a law that states no person may be kept in jail

because they are unable to afford their bail (Dresser). It does not eradicate bail within Maryland

courts, but asks judges to see if those unable to post bail are ensured to show up on their court

date without being held in jail (Dresser). The Maryland Attorney General, Brian E. Frosh,

recently deemed it unconstitutional to hold someone in jail due to their inability to post bail --

whatever the reason may be (Dresser). He also brought up the point that someone who could be a

threat to the community or who may attempt to evade their trial should be denied the right to bail

(Dresser). Itll lead to better outcomes, the process will be constitutional and fair, and I think its

a great achievement, Frosh said (Dresser).

 There are many possible alternatives to bail being introduced to the Maryland courts

(Dresser). One of the ways is pretrial supervision (no further explanation provided) and

electronic monitoring (Dresser). There are also new processes being instilled to help the accused

reenter society, such as drug counselling, a requirement of joining Alcoholics Anonymous,

mental counseling, emotional counseling, etc (Dresser). The hope is that it will not only help

the people accused of crimes reenter society as fully functioning members of the community, but

that it will save the state and the people money (Dresser). Its now up to the state legistlature to

pursue comprehensive reforms of the states pretrial system and move away from money bail

towards [what] we know works: evidence-backed pretrial risk assessment and supervision,

(Dresser).

There are only two options when it comes to posting bail (Crystal). One option is to pay

bail to the court directly (Crystal). There is no third party payment, and the full amount of bail is

paid either by the accused or someone who has personal relations to the person (Crystal). The

second option is more complex. A Bail Bond Store man is a bail company that is used for third

party payment. The accused, or someone with personal relation to the accused, seeks out a Bail

Bond Store man (Crystal). They will pay the company approximately ten to fifteen percent of the

full bail amount (i.e. a one thousand dollar bail would constitute a one hundred dollar to one

hundred and fifteen dollar payment to the company) which becomes nonrefundable (Crystal).

The person who hired the company now owes the court nothing and the company takes over bail

processing (Crystal). However, if any terms and conditions are failed to be met, the full bail price

is paid to the company -- as well as any additional fees they see fit (Crystal).
 What happens when there is an inability to post bail? It is a trend to see people who are

unable to post bail, or barely able to afford it (often leading to debt, loss of money, loss of home,

etc. ) commit suicide shortly thereafter release from prison or from sentencing (Burdeen). It is

the unfortunate, unavoidable truth that the majority of crimes that result in criminal charges and

an inability to post bail are both nonviolent and low level charges (Burdeen). About sixty percent

of people in jail today have not yet received trial -- and without posting bail are stuck within the

stone walls of their jail cell for an indeterminate period of time (Burdeen). Most of these crimes

consist of minor drug charges -- and mostly personal possession at that (Burdeen).

In the United States of America, we are allegedly presumed innocent until proven guilty.

Contrary to what you may believe, these simple words only mean if you have enough money

to defend yourself. If you are not wealthy, do not have family ties to wealth, or do not know

anyone with political influence your chances are slim to none. (Lee).

In terms of defense for those unable to post bail, or just barely able, public defenders

become the best possible route for those going to trial. The monetary status of the average

American, calls for a public defense system (Equal Protection). There are various pros and

cons to utilizing a public defender. Perhaps the largest positive is that, as someone who spends a

lot of time with repeat judges and similar cases, they gain a familiarity with a set of judges and

how one specific courtroom works, giving them the advantage of how to set up a trial to get the

best possible reaction from those overseeing it (The Pros). They also tend to know who the

best witnesses will be, or who might cause some trouble in their attempt to reach a favorable

verdict (The Pros). They have a familiarity with police officers that can be utilized as they
move deeper into any one case (The Pros). However, public defenders arent often able to

spend enough time on one case to create a thorough trial (The Pros).

It is important to note that a public defender is only able to spend about half the

recommended time on any individual case (The Pros). In fact, due to their position as a public

defender, they often receive about double the recommended amount of cases for an individual

lawyer (The Pros). In fact, for the public defense system in Maryland, the minimum waiting

time for a public defender is about six months. For people going through divorce, it is often

recommended that they come to some sort of settlement, because the public defense system isnt

often able to take on more cases within a reasonable period of time -- and due to the nature of a

divorce trial, they are often unwilling to be of much assistance.

The cost of a private attorney lends some insight as to why some people may take the risk

of having a half-done case by a public defender. Private attorneys rates may vary, but any

credible lawyer tends to be expensive. Lawyers tend to have a rate based upon their hours put

into an individuals case. Most lawyers also bill off of a six-minute-rate. This means if you

acquire a lawyer, every hour of their time could be worth, say, two hundred and fifty dollars.

Moving from there, if they spend thirty seconds copying some paper, twenty five dollars enter

their pocket. Often times, one email is considered an hour of their time.

There is also the option of a fixed bill (Berman). Someone who uses fixed billing may

eventually feel cheated if they pay the going rate of say, one thousand dollars, for a case that

never saw court and was fixed in a matter of days (Berman). More often than not, law firms will

utilize a retainer, where clients pay a fixed amount up front (Berman). From that retainer, if the
case is settled quickly and with ease, the client can receive some total amount of money back as

the case closes (Berman).

The cost of a lawyer tends to be based upon three identifiable categories (Berman). They

are as follows: (1) Probably Complexity of the Case; (2) Overall Experience of the Lawyer; (3)

Where the Trial is, and Where the Lawyer is From (Berman). A murder trial will obviously run at

a higher rate than a mere traffic infraction. A lawyer fresh out of law school will be much

cheaper than one with twenty years of experience working a courtroom. A trial in the heart of

Chicago will likely run someone more than a trial in, say, Pinehurst, North Carolina.

Lawyers also run high rates because of the nature of their job. In a sense, a lawyer

relieves their client of their worries; in turn those worries become that of the lawyer (Glover).

There was one case that a lawyer got caught in a flash flood, abandoned his Ferrari, and made it

on time to the courthouse for fear of missing a trial set to occur that day (Glover). Now, it is also

imperative to note that any lawyer who can afford, not only a Ferrari, but to abandon said Ferrari,

will not be a cheap lawyer. The cheaper a lawyer is, the lower the quality of work will be

(Glover). When a lawyer takes on a client they become swarmed in depositions, casework, and

conferences at any hour of the day (Glover). The less you are willing to pay a lawyer, the less

they will feel obligated to create a well thought out and thorough case (Glover).

Research Methods and Data Collection:

To collect information about the various types of pro bono law and the ways it is

represented, funded, and executed, emails were sent to various pro bono firms. In addition,
information was collected from websites to create a cohesive and well developed listing of what

pro bono firms had to offer and just why they had been started in the first place.

Most of the pro bono firms evaluated and studied were based out of Maryland. One pro

bono representative responded to the email, as well as one lawyer who works as a private marital

law attorney. This offered two perspectives to the law as one had chosen to work as a private

attorney and another chose to work as a pro bono attorney. Perhaps the largest difference

between the two are the pay gap. A private attorney makes much more than a pro bono attorney

could ever hope to make.

Data Results and Analysis:

Through data collection and analysis, the entire system of pro bono law, while seemingly

easy to understand and navigate, has become all the more complex and broad. Pro bono lawyers

can stem from various fields of law, for a variety of people, and as a massive system that remains

largely undocumented or understood.

First and foremost, pro bono law is the free legal representation of someone unable to

afford a full time attorney. Often times, lawyers will broadcast themselves as a pro bono attorney

only to later charge you, if the deem your financial standings to be of a higher standard. Other

lawyers will advertise themselves as a full time attorney, and take on pro bono work on the side.

Since pro bono work is highly demanding and not at all rewarding in terms of monetary

compensation.
 Often time pro bono offices rely on the donations of large companies and sympathetic

community donors. Their mission statements often appeal to the emotional side of its viewers

and strive to create a sense of duty, as if to say if you can afford a lawyer, you should also help

those less fortunate.

Through various searches, it has become abundantly clear that public defenders, those

promised to you in your Miranda Rights, are only available when convicted of a criminal

offense. People going through family law such as divorce cases, custody battles, or the fight of

setting monthly child care are offered no such luxury as a free divorce attorney provided by the

public court. In addition, even the public defenders for criminal cases are overworked,

overbooked, and often times cannot complete as many cases in the time deemed standard for

each individual case.

In other cases, lawyers will be asked or required by the court to do sessions where they

give free legal advice to be people who will be representing themselves in court. In Howard

County, the court asks lawyers to serve as consultants twice a week so that people self-

representing have ample opportunity to sit down and truly understand the workings of a court.

There are many technicalities within a court room when you can speak, how you must do it,

what each person is addressed as, how to correctly go about objecting a piece of evidence, why

you would question one and not another and people self-representing often times have no

awareness of these things and end up mucking up their chances.

 Many pro bono offices are specialized. Many in Maryland are geared to help women in

tough domestic disputes. Domestic law is steadily increasing as one of the ones in highest

demand. As divorce rates steadily incline, there must be someone to represent those without a

steady income or stable financial status. Women are often the victims in domestic disputes and

therefore, many business cater strictly towards women. It came to attention that, while many

were specific toward defending women or mentioned women as a part of their mission statement,

almost no businesses and pro bono offices geared their help to men. Whether it be in a

heterosexual relationship or homosexual relationship, men suffering from domestic abuse

deserve the same rights to a civil defense attorney.

The ones that often end up with the short end of the stick are children. Within Maryland,

people are often told to just take what they can get when it comes to child support and visitation

rights. Courts dont want to have to fight civil disputes out as they are long winded, and normally

nasty in nature. The child services within Maryland can oftentimes take over six months just to

read an appeal or hearing, and much longer to do something about. Within this time, an entire

case could have shifted or something drastic may have happened.

Very few pro bono offices label themselves as though that are geared specifically to child

abuse cases, or familial disputes. Whilst they will take on these issues, they never explicitly say

on their websites that this is what they are for. In fact, out of about twelve websites, only one or

two actually claimed to fight for the children when it comes to family law.
 Discussion and Conclusion:

Fair representation of all should be allowed for all. Pro bono offices should receive some

amount of funding from a national organization in order to best represent those who need it and

arent charged criminally. It would be assumed that the United States would reward those going

to court for a non-criminal offense and yet these people receive no support from a system that

would seemingly support them to the best of its ability.

The only way to bridge the gap between the socio-economic classes within the courtroom

is through change. Change in the way bail is set. Change in the number of cases a public

defender receives this is imperative as it lowers the quality of work they can produce for each

case, and can affect their reputation as a lawyer in turn. Inevitably, the wage gap for individuals

of separate economic standing will still divide the courtroom. However, the above mentioned

reforms can greatly reduce perhaps even eradicate any injustice seen in the courtroom due to

monetary discrimination.
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