The groundbreaking policy that abolishes the controversial practice has been faced with breaches. Activists have noted that the law may be full of biases, especially in the new system that may be extended to the pre-trial incarceration. One victim by the name Amber-Rose Howard almost lost all she had when she was jailed as a teenager. The California teenager was studying in the state when she was imprisoned. She was a straight-A student who was being presented with offers from multiple universities. Amber Rose was apprehended for a serious charge back in 2004. After she had spent a fortnight behind bars, the family managed to raise the cash bail and she was set free. The teenager slowly shaped her life back. She managed to get everything back on track. It was a difficult period for her and the family.

While her case was being processed, as a first-time offense, she managed to finish her classes as the case kept on shifting through the courts. After she completed her classes, she joined College. Under the recent California law that was passed last week, Amber-Rose’s case would have turned out differently. Why? This is because an algorithm would have decided her fate. It could have definitely imprisoned her. The State of California made headlines after it became the first state in the United States of America to eliminate cash bail. The state abolished the practice that has long been allowing the wealthy criminal defendants to buy out their freedom swiftly. The poor ones have always languished in Jail for minor errors. The legislation was hailed by many liberals who said the ending of a cruel and unconstitutional system was already underway. However, some activists have still supported the old bill. They pleaded with Governor Jerry Brown not to sign the Bill into law.


The law has automatically replaced the cash bail system with risk valuation tools where an algorithm will weigh the factors about an individual to assist determine whether they should be set free. Critics have noted that the law gives the local authorities a wide discretion to determine what is considered as ‘high risk.’ This makes it effortless for Judges and prosecutors to keep individuals in prison and also extend the use of the algorithm technology, which might intensify racial biases. Some have feared that the technology will allow an elevation in pre-trial incarceration. If it happens, then it will be devastating.