The Power of Prosecutors: Bail

Prosecutors have used their power to pack jails and prisons. And it has taken decades, billions of dollars, and thousands of laws to turn the United States into the largest incarcerator in the world. But did you know that prosecutors also have the power to dismantle this machine — even without changing a single law? The U.S.’s wealth-based incarceration system allows those with money to walk free before trial, while those who can’t make bail remain locked up. Guess who decides whether someone will have to pay bail? Believe it or not, the answer is often prosecutors. But they also have the power to recommend freedom. This video is part of a series, presented by the ACLU Campaign for Smart Justice and Brooklyn Defender Services, shows how prosecutors can single-handedly transform the broken American criminal justice system. The videos feature Deray McKesson (activist and Black Lives Matter founder), Nina Morrison (The Innocence Project), Baratunde Thurston (Author and Comedian), Adam Foss (a former prosecutor), Scott Hechinger (Brooklyn Defender Services), John Pfaff (professor and author of Locked In), Josie Duffy-Rice (Fair Punishment Project), and Brandon Buskey (ACLU). To sign up for ACLU action alerts on ending mass incarceration, text SMARTJUSTICE to 82623.