Pretrial Fairness

What is Pretrial Fairness?

Pretrial fairness refers to the principles and practices within the criminal justice system that aim to ensure that defendants receive fair and just treatment during the period leading up to their trial.

The Pretrial Fairness Act (PFA)

Enacted as a component of the SAFE-T Act in Illinois, the PFA stands as a groundbreaking law that prohibits the utilization of financial criteria for pretrial release. Access the frequently asked questions on the PFA in Illinois.

Illinois Becomes First State to Eliminate Cash Bail

Illinois made history on September 18, 2023, by becoming the inaugural state in the United States to abolish cash bail as a requirement for pretrial release through the enactment of the Pretrial Fairness Act (PFA). This significant transformation followed over two years of extensive discussions involving politicians, scholars, law enforcement authorities, judges, and the wider community.

WATCH: Cook County Press Conference Live Stream

The Significance of Pretrial Fairness

Pretrial fairness is significant because it upholds the fundamental principles of justice, reduces the negative impacts of pretrial detention, addresses inequalities in the system, and can lead to more efficient and equitable criminal justice practices. 

One of the core principles of pretrial fairness is the presumption of innocence until proven guilty. It ensures that individuals accused of a crime are not punished or disadvantaged before their guilt is established in a court of law. It also helps address issues of inequality within the criminal justice system. People who cannot afford bail are often disadvantaged, leading to a disproportionate impact on marginalized communities. By eliminating or reforming cash bail, pretrial fairness works to reduce this inequality.

PFA in the Media