An opponent of the cash bail system may argue that it perpetuates inequality and discriminates against low-income individuals who are unable to afford bail. This can lead to pretrial detention for nonviolent offenders simply because they cannot pay, while wealthy individuals are able to easily secure their release. The system also disproportionately affects communities of color, who are more likely to be socioeconomically disadvantaged and therefore less able to pay bail. Additionally, studies have shown that individuals held in pretrial detention are more likely to be convicted and receive longer sentences compared to those who are released before trial. Overall, the cash bail system can serve to further entrench systemic injustices and create a two-tiered system of justice based on wealth.
