Liberty and due process are foundational pillars of the American Constitution, reflecting the nation’s commitment to individual freedom and equal treatment under the law. Yet, in practice, these principles are often neglected by a criminal justice system that equates freedom with financial means. Nowhere is this more prevalent than in the cash bail system, where an individual’s liberty often hinges on their net worth rather than their risk to public safety. The wealth-based bail system contradicts the Constitution’s core values, and only recently have courts begun to question its objectives. This problematic system extends beyond its burdens on criminal defendants—it also reaches into the pockets of every taxpayer who is left to shoulder its indirect costs.
This Note examines the constitutionality of cash bail through the lens of the Fifth, Eighth, and Fourteenth Amendments, arguing that the practice of imposing monetary conditions on pretrial release is a systematic infringement on individuals’ liberty and due process. This analysis finds its roots in the legislative and judicial developments in Illinois, particularly with the Safety, Accountability, Fairness and Equity-Today Act and the Illinois Supreme Court decision in Rowe v. Raoul, both in tandem making Illinois the first state to abolish cash bail entirely. This Note argues that a uniform policy abolishing the cash bail system is needed to uphold the United States Constitution’s core values and operate a system that gives meaning to the words “presumption of innocence.”
* J.D. Candidate, 2025, University of Illinois College of Law; B.B.A. 2021, University of Texas at Austin. Thank you to the entire University of Illinois Law Review team for their tireless work throughout the process of developing this Note. Special thanks to Professor Rummana Alam for her unwavering support, insightful guidance, and encouragement—this Note would not have been possible without her. This Note is dedicated to every defendant harmed by the injustices of cash bail—you were failed by a system that should have protected you.
The full text of this Note is available to download as a PDF.