Data reveals pretrial detention is far from exceptional: In New Jersey, like much of the U.S., jails primarily held individuals awaiting trial or serving short sentences for minor offenses, while prisons house those convicted of crimes.
Advocates note that pretrial incarceration destabilizes lives—forcing job losses, housing insecurity, and family separation—regardless of eventual acquittal.
“This system presumes guilt by poverty,” said Samuel Davis, director of the New Jersey Institute for Social Justice. “When someone loses their freedom solely because they can’t pay, it turns the foundational principle of ‘innocent until proven guilty’ on its head.” Studies show Black and Latino residents are disproportionately affected, with bail amounts set 35% higher for Black defendants compared to white counterparts for similar charges. Spadea’s plan to repeal reforms would reinstate cash bail, reversing measures credited with reducing jail populations by nearly 20% since 2017.