In many places, people are also charged fees while incarcerated. Some prisons even charge the inmate for toilet paper. It can be hundreds of dollars, or more
Even if found innocent, the person is still required to pay.
http://nation.time.com/2013/08/21/welcome-to-prison-will-you-be-paying-c...
Even if found innocent, the person is still required to pay.
http://nation.time.com/2013/08/21/welcome-to-prison-will-you-be-paying-c...
Let’s also see arrest and prison reform in terms of the racial disparities for drug possession. Countless black lives are devastated since they are incarcerated for drug crimes for which whites go free:
White people are more likely to deal drugs, but black people are more likely to get arrested for it
https://www.washingtonpost.com/news/wonk/wp/2014/09/30/white-people-are-...
When It Comes To Illegal Drug Use, White America Does The Crime, Black America Gets The Time
http://www.huffingtonpost.com/2013/09/17/racial-disparity-drug-use_n_394...
White people are more likely to deal drugs, but black people are more likely to get arrested for it
https://www.washingtonpost.com/news/wonk/wp/2014/09/30/white-people-are-...
When It Comes To Illegal Drug Use, White America Does The Crime, Black America Gets The Time
http://www.huffingtonpost.com/2013/09/17/racial-disparity-drug-use_n_394...
2
As someone peripherally involved with indigent clients, inadequate transportation is cited as one of the biggest reasons for missing court dates.
Instead of hundreds of thousands of dollars spent on incarceration, perhaps a bus service to bring people to court for a nominal fee would be more effective.
Instead of hundreds of thousands of dollars spent on incarceration, perhaps a bus service to bring people to court for a nominal fee would be more effective.
41
We have been trying to help out a young family who was homeless in December. The father (of two with one on the way) has a case making its way through the system with a jury trial several months out. In the meantime he is locked up with an unattainable bail price tag, and has lost his job, which is the only source of income for his family. Plus, his third child is about to be born and he will not be present for the birth or available to help with the other young kids. Without his income the family is now also at risk of losing the apartment they fought so hard to get. The damage is profound. A person with means who is charged with the same offense would be free while awaiting trial.
32
Not Mark...
Thank you for the article. I moved to Texas a little over a year ago...and this State shocks me beyond belief. It is not just what I read about, hear about and understand from the non-conservatives who despise this State, but Texas has some of the most weird, openly racist and sexist, laws one can imagine. What you wrote is the despicable face of elitism, classism, racism, sexism, consumerism and greed all converging in the judiciary. I am glad somebody is doing something about this. Go Judge Rosenthal!
Thank you for the article. I moved to Texas a little over a year ago...and this State shocks me beyond belief. It is not just what I read about, hear about and understand from the non-conservatives who despise this State, but Texas has some of the most weird, openly racist and sexist, laws one can imagine. What you wrote is the despicable face of elitism, classism, racism, sexism, consumerism and greed all converging in the judiciary. I am glad somebody is doing something about this. Go Judge Rosenthal!
27
Being locked for being poor has been around since debtor's prisons. Those were outlawed many years ago. I wonder why our justice system took so long to see that bail is unconstitutional. Well done, Judge Rosenthal. Let's hope the Supreme Court is looking good by the time this case gets there.
21
The thrust of this subject is exactly right. As a personal anecdote, my brother-in-law was locked up for a DUI - which turned out to be due to Ambien, not liquor - with minor property damage only, no personal injuries at all (he side-swiped an unattended parked car).
He had to stay in jail for 24 days awaiting just a bail *hearing*. But he was in liver failure at the time and required daily doses of Lactulose just to stay alive. The jail's so-called clinic assured us that he was getting his daily doses, but in phone calls to us, it was clear that he wasn't... increasing slurred voice, nonsensical talk, all evidence of ammonia on the brain, classic symptoms of liver failure.
He was finally "released"... to a hospital that through heroic measures brought him back from a profound coma.
He's okay now, but his stories of his fellow prisoners being held for lack of the money to make bail were blood-curdling. Some of them had been there for months, slowly wasting away on baloney sandwiches and their daily orange. (But they could buy packets of noodles from a vending machine... if they had the money! Whoopee!)
City and county jails are "debtors' prisons". Make no mistake about it. And most judges are indifferent, not even aware of what those orange jump-suited prisoners are going through. They listen to the guards' lies, and that's good enough for them.
He had to stay in jail for 24 days awaiting just a bail *hearing*. But he was in liver failure at the time and required daily doses of Lactulose just to stay alive. The jail's so-called clinic assured us that he was getting his daily doses, but in phone calls to us, it was clear that he wasn't... increasing slurred voice, nonsensical talk, all evidence of ammonia on the brain, classic symptoms of liver failure.
He was finally "released"... to a hospital that through heroic measures brought him back from a profound coma.
He's okay now, but his stories of his fellow prisoners being held for lack of the money to make bail were blood-curdling. Some of them had been there for months, slowly wasting away on baloney sandwiches and their daily orange. (But they could buy packets of noodles from a vending machine... if they had the money! Whoopee!)
City and county jails are "debtors' prisons". Make no mistake about it. And most judges are indifferent, not even aware of what those orange jump-suited prisoners are going through. They listen to the guards' lies, and that's good enough for them.
65
She was arrested for breaking the law. Not for being poor.
11
May 6, 2017
It can't be that being poor is a stigmata for ineptitude in civil responsibilities for serving the greater good of the natural order of strengths in a democracy -but if so then what?
jja Manhattan, N.Y.
It can't be that being poor is a stigmata for ineptitude in civil responsibilities for serving the greater good of the natural order of strengths in a democracy -but if so then what?
jja Manhattan, N.Y.
1
Now let's wait for the 5-4 Supreme Court Ruling with Justice Gorduch's majority opinion reversing this ruling and saying the founding fathers wanted debtors prisons and the Judge legislated from the bench. Another reminder that Elections matter.
14
Base bail on percentage of previous years State Income Tax return. Courts should certainly have access to that .... or, in this case....no bail and strictly removal from vehicle ticket ..driving without license. Unless they had previous convictions, or other factor such as DUI. $2500 bail for someone making $60,000 and someone $14000...is big difference in potential impact. The point is to make sure they appear in court or more likely ... accept a plea. It is no longer a justice system and devolved into captialistic enterprise...and the name of the game is maximize profit for shareholders and board. Capitalism is great...but not in the justice system.
8
2017 in America. Money is everything. It defines the 'value' of a human being in America and the corresponding treatment.
17
"The county’s lawyer defended this policy by arguing that poor defendants — who are disproportionately black and Latino — stay in jail not because they can’t buy their way out but because they “want” to be there, especially “if it’s a cold week.”
Wow, "county lawyer," that's really humane of you. But if you honestly believe that poor defendants actually want to stay in jail, especially if it's a cold week, then why not give them a choice? Tell them they can either go home, or they can spend a few days in your nice warm jail.
If you make that your policy, then you'll be aware very soon that your flawed reasoning is ridiculous.
Wow, "county lawyer," that's really humane of you. But if you honestly believe that poor defendants actually want to stay in jail, especially if it's a cold week, then why not give them a choice? Tell them they can either go home, or they can spend a few days in your nice warm jail.
If you make that your policy, then you'll be aware very soon that your flawed reasoning is ridiculous.
18
I suppose all we really need is a GPS ankle bracelet to make sure the suspects will come back for the trial. Simple!
5
Last year by a seven to one margin New Mexico dealt with this issue with a Constitutional change. As the ballot measure read, "A person who is not detainable on grounds of dangerousness nor a flight risk in the absence of bond and is otherwise eligible for bail shall not be detained solely because of financial inability to post a money or property bond."
New Mexico may arguably be the poorest state in the nation financially, but its leadership in sociopolitical issues such as this one and its recent banning of "shaming" kids in school whose parents have not paid up their lunch money, should not be ignored. The media in general and the Times specifically still need to absorb the lessons of the presidential election and pay more attention to flyover America.
New Mexico may arguably be the poorest state in the nation financially, but its leadership in sociopolitical issues such as this one and its recent banning of "shaming" kids in school whose parents have not paid up their lunch money, should not be ignored. The media in general and the Times specifically still need to absorb the lessons of the presidential election and pay more attention to flyover America.
18
The concurrence by Clarence Thomas in McDonald v. Chicago should be revisited. What Thomas proposed was to do away with the so-called Slaughterhouse cases interpreting the 14th Amendment. Apart from the Second amendment, the only parts of the Bill of Rights not enforced on the states are grand jury rules and the Eighth Amendment rules on bail and fines.
Enforcing the Eighth Amendment would deal with this issue, as the Slaughterhouse cases were a desire to deny civil rights generally.
Enforcing the Eighth Amendment would deal with this issue, as the Slaughterhouse cases were a desire to deny civil rights generally.
4
Liberty has never been the norm. It has pretense in the Constitution, the Statue of Liberty, the Three Branches of Government. Pretense, Pretense, Pretense......
3
Thank you for this accurate and important opinion piece. This widespread, predatory and largely unconstitutional practice has reduced many innocent people's lives to despair akin to something in a Dickens novel. The devastation to not only the individual held with this unconscionable practice, but to their families and businesses should not be underestimated.
The ACLU has been fighting for reform on this issue, but it is so pervasive and pernicious, it will take all of us speaking out against this injustice to eradicate this practice. (More reason to donate to the ACLU!)
This is happening in almost every county in the United States right now. I know this firsthand; I was held on $25,000 cash bail in Sheriff Joe Arpaio's hell hole for getting behind on my rent. (Preposterous, but true.) I, like tens of thousands of others with no previous criminal record, who could not pay the unreachable price of freedom, pleaded guilty to a crime that I was innocent of just so I could get out sooner and reunite with my children who were taken from me in the process. This serves not only the predatory bail bonds companies, but feeds the entire prison industry, both of which are well-represented by lobbyists and are frequent donors to political campaigns. This directly contributes to the shameful incarceration nation we have become.
This was not our founding fathers' design of "innocent until proven guilty".
The ACLU has been fighting for reform on this issue, but it is so pervasive and pernicious, it will take all of us speaking out against this injustice to eradicate this practice. (More reason to donate to the ACLU!)
This is happening in almost every county in the United States right now. I know this firsthand; I was held on $25,000 cash bail in Sheriff Joe Arpaio's hell hole for getting behind on my rent. (Preposterous, but true.) I, like tens of thousands of others with no previous criminal record, who could not pay the unreachable price of freedom, pleaded guilty to a crime that I was innocent of just so I could get out sooner and reunite with my children who were taken from me in the process. This serves not only the predatory bail bonds companies, but feeds the entire prison industry, both of which are well-represented by lobbyists and are frequent donors to political campaigns. This directly contributes to the shameful incarceration nation we have become.
This was not our founding fathers' design of "innocent until proven guilty".
19
Our government is, increasingly, an threat to us.
13
Who needs Congress or the Supreme Court when we have legions of low level federal political appointees - euphemistically called judges - who are more than anxious to re-write the laws the way their politics dictate?
6
A modern debtor's prison. Unbelievable.
11
Finally I can agree withthe editorial board on something.Thr present system is unfair and counterproductive.
Bail should be for people who are flight risks who showed their disrespect for law my missing prior trials.
Fines for traffic violations should be adjusted for income .Warren Buffett going at 105 miles in a school zone in a Ferrari one million dollar fine.Twenty two year old single mom on public assistance.25 dollars.The present system of fines loss of license is counter productive .I am glad that it gets a proper exposure
Bail should be for people who are flight risks who showed their disrespect for law my missing prior trials.
Fines for traffic violations should be adjusted for income .Warren Buffett going at 105 miles in a school zone in a Ferrari one million dollar fine.Twenty two year old single mom on public assistance.25 dollars.The present system of fines loss of license is counter productive .I am glad that it gets a proper exposure
7
I disagree on this one.Yes, people with money have the resources to cover the costs. But that's not the point and not fair either. Bail should be set based on the severity of the charged crime, the available initial evidence, and the potential that the accused might fail to appear for further legal proceedings. Does not matter how big one's bank account is or isn't. The law should not be skewed based on wealth, at least at this level.
5
easy to say until one mistake puts you behind bars with a bail you can't make.
14
The law is already skewed-- toward the rich.
14
You lost me at "driving without a valid license." Maybe we should choose to not break the law so we don't have to worry about expensive bail?
7
That's your problem right there- read the article it's not about breaking the law - clearly she did. It's about having to post bail as an undue burden on the poor especially when they are not violent or at risk of not coming to court. Those with money, for the same crime can pay bail and walk free. Justice is not being served in these instances.
25
Harris County DA Kim Ogg is a stalwart proponent of bail reform and began recommending unsecured release of most misdemeanor defendants well before Judge Rosenthal issued her ruling and memorandum. DA Ogg filed an amicus brief in support of the plaintiffs which Judge Rosenthal cited in her ruling. The Harris County District Attorney is not, however, a defendant in the case. Y'all might want to note that correction. Regards, Tom Berg. 1st Assistant DA.
6
It's highly unusual that a Federal District Court would hear a case, so there is a bigger story here that the New York Times is not "explaining".
"The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty."
While the system is for "all", it's not. I myself am in a Federal District Court as I write this, having filed pro se. Because I am a minority and have no power, the Federal Court assigned a judge who allows no time in his court room, at all. So despite asking for a Trial By Jury, I am not even allowed to enter his courtroom. He makes all decisions on papers alone.
Papers. I am the only non-lawyer non-professional in the Federal Trial Court. The public has no idea where their taxes go or what "justice" is from the top down. And it has nothing to do with Republicans or Democrats, it has to do with men and money.
The very system that is put in place to stop abuse, abuses those who are "nobodies".
The bigger story here is how this case got before a Federal Trial Court/ Federal District Court.
The Times needs to tell us how it came to be so we can draw deeper conclusions. Most of us are kicked to the curb in this system, especially children and women.
"The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty."
While the system is for "all", it's not. I myself am in a Federal District Court as I write this, having filed pro se. Because I am a minority and have no power, the Federal Court assigned a judge who allows no time in his court room, at all. So despite asking for a Trial By Jury, I am not even allowed to enter his courtroom. He makes all decisions on papers alone.
Papers. I am the only non-lawyer non-professional in the Federal Trial Court. The public has no idea where their taxes go or what "justice" is from the top down. And it has nothing to do with Republicans or Democrats, it has to do with men and money.
The very system that is put in place to stop abuse, abuses those who are "nobodies".
The bigger story here is how this case got before a Federal Trial Court/ Federal District Court.
The Times needs to tell us how it came to be so we can draw deeper conclusions. Most of us are kicked to the curb in this system, especially children and women.
8
Apparently a lawsuit against the county was filed in Federal court.
3
3 days in jail for a minor offense yet a now former police officer who shot and killed a 15 year old boy in the same state an d gets charged with murder is allowed a small bail and set free. Racism much?
20
Being poor, in this country, has long been regarded as immoral, not just "illegal."
18
I'll repeat here for this column. This was me. I was poor. Otherwise called a college student. Missed a court date through what? Perhaps wrong memory or administrative error, or something else. I actually don't know for sure. Was promptly locked up indefinitely. Only got out through a combination of happenstance, good luck and a good person. Two months with defense or court date with nothing in sight or planned. And had my teeth knocked in while locked up. Left without medical until after I got out, a dentist pro Bono wired my jaw for me.
9
Bail set at $2500 really means $250. That's the amount a bail bondsman will charge to post Ms. O'Donnell's bail. Now maybe Ms. O'Donnell can't come up with $250 or maybe she's so unreliable that no bail company wants her business. But still, the Times should point out how the bail system works. Implying that she has to come up with $2500 is simply inaccurate reporting.
7
If a defendant is able to post the exorbitant bail of $2500, she can have her money, minus whatever excessive fine and Court costs are assessed, at some point after the trial. However, the bail bondsman will require cash up front - no checks or credit cards. Then even if thecdefbdant appears promptly, the $250 plus any processing fee by the bondsman are gone forever. By the way, seven states and the District of Columbia do not even allow bail bonds. https://www.aboutbail.com/pages/bail-com
6
Here due to jail over crowding we are going to have a special officer to determine if you even should go to jail at all. If you can prove that you will show up for your court date being in jail is foolish even if you have money for bail, you still have to be in jail until the judge gets to you. Everyone should institute this as it saves money and is better.
4
Judge Rosenthal should be applauded for her well reasoned decision. But the rest of the legal community,especially the judiciary should hang their heads in shame.
The discriminatory practices of most states bail system have been well known for decades. In most states the statutes on bail require bail to be set commensurate with the likihood of a defendant to flee or pose a danger to the community.
Despite these standards most judges set cash bail in almost all cases regardless of the facts. They could have simply applied the law and set bail based on the statutory standards. But this would have angered prosecutors and local police agencies and so "due process of law" simply meant a meaningless hearing where an outrageous bail request was reduced to an unconstitutional level that was neither necessary nor proper.
Hopefully judge Rosenthals ruling will become the national legal standard and the constitution will now provide judges with a rationale that has somehow escaped them, despite their ethical duty to promote justice.
The discriminatory practices of most states bail system have been well known for decades. In most states the statutes on bail require bail to be set commensurate with the likihood of a defendant to flee or pose a danger to the community.
Despite these standards most judges set cash bail in almost all cases regardless of the facts. They could have simply applied the law and set bail based on the statutory standards. But this would have angered prosecutors and local police agencies and so "due process of law" simply meant a meaningless hearing where an outrageous bail request was reduced to an unconstitutional level that was neither necessary nor proper.
Hopefully judge Rosenthals ruling will become the national legal standard and the constitution will now provide judges with a rationale that has somehow escaped them, despite their ethical duty to promote justice.
11
It won't be long now, we're well on our way to becoming a society where being poor is a crime.
In fact, it already is -- just one look at the recently passed G.O.P. health bill readily testifies to that.
It's also no secret that the Justice system in this country has become little more than a money-making venture; which in large part explains why the building, staffing, and filling of jails has become a cottage-industry in many aprts of the country.
Given this lamentable outcome, it is truly commendable that Judge Rosenthal had the foresight and courage to do, and say what should have been done and said eons ago.
Thank you, Judge. All rise.
In fact, it already is -- just one look at the recently passed G.O.P. health bill readily testifies to that.
It's also no secret that the Justice system in this country has become little more than a money-making venture; which in large part explains why the building, staffing, and filling of jails has become a cottage-industry in many aprts of the country.
Given this lamentable outcome, it is truly commendable that Judge Rosenthal had the foresight and courage to do, and say what should have been done and said eons ago.
Thank you, Judge. All rise.
14
for all of my 70 years, I have heard that our courts are under-funded, understaffed and can't handle their caseload; that lawyers are so expensive that most people -- including lawyers -- can't afford to hire top talent; and that public defenders were so overwhelmed that 15 minutes immediately before trial was about the limit of the time they had for each client.
Yet every attempt to expand the courts or boost funding fails. And legislators drag their feet about filling vacancies.
Let's face it. America doesn't want poor people to have their day in court. That is yet another myth we teach school children to give them hope they won't be railroaded by the criminal justice system.
Reform, a faint spark under Obama, isn't even on Donald Trump's radar.
Yet every attempt to expand the courts or boost funding fails. And legislators drag their feet about filling vacancies.
Let's face it. America doesn't want poor people to have their day in court. That is yet another myth we teach school children to give them hope they won't be railroaded by the criminal justice system.
Reform, a faint spark under Obama, isn't even on Donald Trump's radar.
14
As if being in jail and not affording bail try this on for size. In Fairfax County Virginia while waiting for trial in jail you will be charged for your meals. If your family scrapes together money to send you for things like soap, deodorant, food etc the meal charges that accrued will be deducted from that money--that is adding insult to injury!
7
"The cash-bail industry, which includes local bond agents backed by multinational insurance giants, is a morally tainted enterprise that systematically violates the constitutional rights of America’s most vulnerable citizens in the name of profit — and with no discernible benefit to the public. Judge Rosenthal’s thorough, enlightened ruling should be an important step in dismantling it."
Thank you Judge Rosenthal. Just another way of many to penalize the poor, like the citizen who got a prison sentence of 18 years for owning 18 grams of pot. Since pot or weed or marijuana is legal in some states, the ruling seems preposterous.
Thank you Judge Rosenthal. Just another way of many to penalize the poor, like the citizen who got a prison sentence of 18 years for owning 18 grams of pot. Since pot or weed or marijuana is legal in some states, the ruling seems preposterous.
10
Race and income. Seems to be the only aspects of a person that law enforcement cares about these days.
I was recently pulled over for a lapsed inspection sticker. I completely spaced out on it, the first time in 30+ years of driving and being responsible for my own car. But life just ran me over the last 17 months, one thing after another. Lost track of the minutiae. Then one early evening, picking up some pizza, a rare treat, I'm pulled over. I was shaking...no idea what I did. I ran the checklist. Seat-belt on, used my signals when changing lanes, headlights on at dusk.
The officer pointed to the sticker. It was due 3 months ago! After checking my paperwork, and my obvious shock and offer of an explanation, "Oh man...things have not been good the last several months. I'll get this done first thing Monday." (it was a Saturday evening) The officer sent me on my way. I was shaking the whole time.
Told this story at work, my boss and a coworker, both black men, laughed and said, "Man, I never get let go...No way I would have been let off the hook. Would have been told to get out of the car, other cops would have appeared and interrogated me, try and push me to react..."
I knew they were right. Recent events made it obvious. I'm white, clean cut, and I was shaking like a frostbite victim.
Plus, where I live the police are not involved in a patrol for profit system. Which is a huge problem across the nation; Cops involved in revenue generating. Which IMO is a crime.
I was recently pulled over for a lapsed inspection sticker. I completely spaced out on it, the first time in 30+ years of driving and being responsible for my own car. But life just ran me over the last 17 months, one thing after another. Lost track of the minutiae. Then one early evening, picking up some pizza, a rare treat, I'm pulled over. I was shaking...no idea what I did. I ran the checklist. Seat-belt on, used my signals when changing lanes, headlights on at dusk.
The officer pointed to the sticker. It was due 3 months ago! After checking my paperwork, and my obvious shock and offer of an explanation, "Oh man...things have not been good the last several months. I'll get this done first thing Monday." (it was a Saturday evening) The officer sent me on my way. I was shaking the whole time.
Told this story at work, my boss and a coworker, both black men, laughed and said, "Man, I never get let go...No way I would have been let off the hook. Would have been told to get out of the car, other cops would have appeared and interrogated me, try and push me to react..."
I knew they were right. Recent events made it obvious. I'm white, clean cut, and I was shaking like a frostbite victim.
Plus, where I live the police are not involved in a patrol for profit system. Which is a huge problem across the nation; Cops involved in revenue generating. Which IMO is a crime.
28
The first paragraph was enough; jail for driving with an invalid license? Really? The justice system is in dire need of reform; it is painful to see the current administration regressing to failed programs that punish everyone in the long run.
6
Maranda Lynn ODonnell, a 22-year-old single mother in Harris County, Tex., was arrested last year for driving without a valid license. The judge set her bail at $2,500. She couldn’t afford anything close to that, so she spent three days in jail
------------------------------
I am not sure why you are not concerned that Maranda was driving without a valid driver license, endangering her and others' lives. We are a nation of laws, and there should be consequences. Maybe, if she spent three days in jail for driving without DL, then she will think twice about repeating the offense the second time or the third time.
What is it about liberal brain that makes liberals think our laws don't matter and can be flouted with impunity?
------------------------------
I am not sure why you are not concerned that Maranda was driving without a valid driver license, endangering her and others' lives. We are a nation of laws, and there should be consequences. Maybe, if she spent three days in jail for driving without DL, then she will think twice about repeating the offense the second time or the third time.
What is it about liberal brain that makes liberals think our laws don't matter and can be flouted with impunity?
9
Maybe her license was expired, or otherwise technically invalid. That doesn't mean she was a danger to anyone. I know plenty of people whose licenses expired without them noticing.
Guess they need to taught a lesson by spending three days in jail.
Guess they need to taught a lesson by spending three days in jail.
5
It used to be you'd get a "fix it ticket" for such an offence (produce your license and pay $10) if you don't can't produce your license, you're stuck for the full fine. Haven't you ever not realized you didn't have your license with you? Left your wallet on your desk because you were shopping on line is a good one. No of course not, you would much rather destroy the lives of the accused, bust local budgets, leave the higher cost to taxpayers and line the pockets of the 5% on the backs of the poor.
4
At the same time a drunk driver gets thrown in jail but has the means to get released to await trial. What's to stop that person from doing the same thing again the next night. By your logic a few nights in jail would teach them a lesson.
3
"Tainted" is the operative word here. Another example of our collective loss of a moral compass, indifference to minority groups, and just plain avarice. Judge Rosenthal is a beacon of hope in our dystopian landscape.
12
Very good to see this being addressed. For minor matters, it does not seem just at all to put individuals who cannot pay cash bail at risk of losing their employment, which would ensure that not only they could not pay cash bail, but that they also would not be able to meet any of their other obligations.
8
Or, at least, out of office.
I sure hope that these people vote.
5
Anyone who violates statues becomes a profit center for city, county and statewide budgets and is included as "income" for their general fund. In my little community of 3 thousand the city derives about $20,000 annually from traffic violations written by sheriff deputies who literally hide behind billboards with laser speed detectors.
Sure, they all say it's for safety but they're not kidding anyone. The entire apparatus revolves around money and money only.
Sure, they all say it's for safety but they're not kidding anyone. The entire apparatus revolves around money and money only.
14
What harms the poor is the fact that the poor think nothing of committing crimes, much like the "poor" illegal aliens sneaking into our country. They feel they are not hurting anyone so why not just ignore the laws of the US. If Ms. ODonnell can afford to drive without a license she can afford to spend time in jail. Or better yet, have her car sold to bail her out.
7
Learn to have some compassion. Lots of these people are extremely unfortunate and don't break the law just for the heck of it.
6
the poor think nothing of committing crimes? you could say the same thing about the rich, especially those who work in the financial industry.
14
On the one hand, you have a hugely profitable cash bail-bond system, backed by powerful insurance companies.
On the other hand, you have a extremely lucrative for profit prison system, backed by powerful "Corrections" corporations.
It's a win-win. And as always on the backs of the poor.
Ladies and Gentlemen, this is yet another national disgrace.
On the other hand, you have a extremely lucrative for profit prison system, backed by powerful "Corrections" corporations.
It's a win-win. And as always on the backs of the poor.
Ladies and Gentlemen, this is yet another national disgrace.
18
'Just us' from a Richard Pryor comedy routine about what he found when he went to visit a prison looking for justice.
Being poor plus being black is to be doubly bedeviled by the American 'criminal justice' system. With a mere 5% of human beings the 2.3 million Americans in prison are 25% of the incarcerated human beings on Earth.
While in typically white supremacist inhumane immoral American fashion born in historically humanity denying African enslavement and equality defying African Jim Crow 40% of the prisoners are brown like Ben Carson and Barack Obama. Even though blacks are only 13.2% of Americans they are persecuted into prison as a unique caste for doing the same things while black that get white folks a individual compassionate empathetic privileged preferred pass to paradise. Particularly for non-violent crimes including the use, possession and sale of illegal drugs.
God bless America? For what?
Being poor plus being black is to be doubly bedeviled by the American 'criminal justice' system. With a mere 5% of human beings the 2.3 million Americans in prison are 25% of the incarcerated human beings on Earth.
While in typically white supremacist inhumane immoral American fashion born in historically humanity denying African enslavement and equality defying African Jim Crow 40% of the prisoners are brown like Ben Carson and Barack Obama. Even though blacks are only 13.2% of Americans they are persecuted into prison as a unique caste for doing the same things while black that get white folks a individual compassionate empathetic privileged preferred pass to paradise. Particularly for non-violent crimes including the use, possession and sale of illegal drugs.
God bless America? For what?
15
" Even though blacks are only 13.2% of Americans they are persecuted into prison as a unique caste for doing the same things while black that get white folks a individual compassionate empathetic privileged preferred pass to paradise."
We need laws to stop this outrageous behavior. Here's what I propose:
Law enforcement can only arrest suspects for various crimes in proportion to their population in the US. So if there are 10 murders being investigated then only 1 African American can be arrested. The other 9 must be another racial group (you could use racial groups as defined in the US census forms).
If there were 100 murders then only 14 African American can be arrested, 54 must be white, 7 must be Asian-American, ...etc. This applies to murders, armed robberies, spitting on the sidewalks, driving without a license, all offenses.
We could have a national database to keep a running total of arrests. Admittedly there are some fine points to be worked out like areas of coverage and how to treat serial sidewalk spitters. In the case of Illinois you could keep track on a statewide basis.
If we have the national will we can do this. This would go a long way in helping to prevent minorities from being persecuted as you mention they are today. Do we have a deal?
We need laws to stop this outrageous behavior. Here's what I propose:
Law enforcement can only arrest suspects for various crimes in proportion to their population in the US. So if there are 10 murders being investigated then only 1 African American can be arrested. The other 9 must be another racial group (you could use racial groups as defined in the US census forms).
If there were 100 murders then only 14 African American can be arrested, 54 must be white, 7 must be Asian-American, ...etc. This applies to murders, armed robberies, spitting on the sidewalks, driving without a license, all offenses.
We could have a national database to keep a running total of arrests. Admittedly there are some fine points to be worked out like areas of coverage and how to treat serial sidewalk spitters. In the case of Illinois you could keep track on a statewide basis.
If we have the national will we can do this. This would go a long way in helping to prevent minorities from being persecuted as you mention they are today. Do we have a deal?
3
@jp
You have neither expertise nor commonsense regarding the law nor statistics nor history to be clever nor satirical.
For decades more than twice as many whites have been arrested for all categories of crime as compared to blacks and each specific type of crime as well except for gambling and robbery. Arrests while not convictions they are not random events.
Most crime is committed within the same colored ethnic sectarian educational group. Only 5% of homicides are inter-racial equally distributed between the coloreds. Of the 33,000 annual gun shot deaths in America about 2/3rds are suicides with 80% being white male.
Criminal prosecution requires criminal intent.
The people who belong in prison are the violent and the organized chronic career criminals who do the most damage to human lives on Main and Wall Street. Drugs should be treated as a potential health abuse problem akin to alcohol and tobacco. White life expectancy is declining due to alcoholism, drug addiction, depression and suicide.
You have neither expertise nor commonsense regarding the law nor statistics nor history to be clever nor satirical.
For decades more than twice as many whites have been arrested for all categories of crime as compared to blacks and each specific type of crime as well except for gambling and robbery. Arrests while not convictions they are not random events.
Most crime is committed within the same colored ethnic sectarian educational group. Only 5% of homicides are inter-racial equally distributed between the coloreds. Of the 33,000 annual gun shot deaths in America about 2/3rds are suicides with 80% being white male.
Criminal prosecution requires criminal intent.
The people who belong in prison are the violent and the organized chronic career criminals who do the most damage to human lives on Main and Wall Street. Drugs should be treated as a potential health abuse problem akin to alcohol and tobacco. White life expectancy is declining due to alcoholism, drug addiction, depression and suicide.
6
If I had the means I would go to Canada, England, Australia, anywhere, where I do not have to look at the repugnant, smug, puffed up face of this bloviating buffoon of this fearless leader of ours every day! It seems that each day I wake up, I hear about another draconian practice or pending legislation, which refers to itself as 'justice,' or 'defending the victims.' I don't have the means but I do have a voice and it is time I used it. I am not elderly but I am old enough to remember a better America, one where I felt confident that my rights would be recognized, that most were concerned more with the common good than themselves, and that we were collectively moving in the right direction. What in the blazing hell has happened in this country and why do so many embrace this 'new world order?' When I have an answer I will be sure to let you know but for now, I declare, ENOUGH! I want to take this country back from these fascists and hateful people and find some semblance of what used to be actually great, not Trump's version, but the actual version, where facts mattered, every person in this country mattered, truth won out. We were not perfect but we cared about each other. I want that back and though I used to be afraid to, i am willing to put myself out there attain it. Who is with me?
29
Don't despair, I'll buy you a "Drag Me Down The Aisle" Economy Class ticket on United. America will be a better place if you were somewhere else.
3
Have been with you for awhile now. Yes, we were never perfect, but at our core, we knew the difference between what is just and what is not. The rampage on our shared humanity, our values for truth and justice, as represented by the con man sitting in the highest office of our land, proud of his mendacity, mysogeny, bigotry, his greed, his gold, his power, his willful ignorance, does not represent what this country's citizens want in themselves or their leaders. Never give up. Work at every level, your city, your town, your state, your Congress, to recruit support, and replace with good people, people with integrity. Never give up.
10
I am. Way to go.
5
The ingenuity of human beings to turn well intentioned law and policy for evil ends is staggering. Bail makes sense when it is used as intended. So do (fair and equitable) tax policies, financial regulations, health care and health insurance, religion, and such fundamental rights as free speech. But there are always people who find ways to twist these to their advantage at the expense of others. Bail bondsmen and the corporate insurance backers are a prime example; profit-taking on the backs of the poor. Health insurance and health care are also examples. The misfortune of some is a gravy train for them. Religious fanatics find a passage here and there to justify slaughtering thousands of others and woe be to the "sinner" who calls them out on it.
Really disgusting. It isn't hard to be decent and most people try but it is damned by a culture that cherishes wealth and winning above all else.
Really disgusting. It isn't hard to be decent and most people try but it is damned by a culture that cherishes wealth and winning above all else.
16
The last paragraph read like American health insurance.
4
Justice may be blind, but she can smell money.
15
Locked up for being poor?...There has to be a Republican behind that policy.
12
Conspiracy theories are tiresome
When arrested you get a court date;
to encourage your appearance on that date, you are:
-released on recognizance,
- or put up money, to be forfeit, if you don't show,
- or borrow the money, @ 10% from a service, surety that you will come back
Here, $2500 bail was $250 @ 10%
=
The question before America, via the courts, is, how do we get people to come back for their, um, 'day in court,' assuming we enforce our laws
=
We have algorithms for flight risk: severity of the crime, roots in the community, prior bad acts, others
=
NYT editors write: " even though she posed no risk of skipping town or endangering anyone if she were released."
Only if NYT has a pipeline to God do they know this, arrestee not a flight or harm risk
=
"The real explanation is straightforward: As cash bail has fueled a politically influential, multibillion-dollar industry, courts are relying on it more, and people who can’t afford it are getting locked up at ever greater rates."
This is nonsense:
People who don't make bail don't fuel this industry; and keeping people in jail incurs costs, some $25k/year
From the decision: "Sheriff Ed Gonzalez, defendant, testified for Plaintiffs, .. waste of taxpayer money to keep people like the plaintiffs in jail solely because they cannot afford to obtain a bail bond. "
No-show rates are well studied, we should include such, a quick google search finds much legal advice on missing your date, meaning that it happens a lot
When arrested you get a court date;
to encourage your appearance on that date, you are:
-released on recognizance,
- or put up money, to be forfeit, if you don't show,
- or borrow the money, @ 10% from a service, surety that you will come back
Here, $2500 bail was $250 @ 10%
=
The question before America, via the courts, is, how do we get people to come back for their, um, 'day in court,' assuming we enforce our laws
=
We have algorithms for flight risk: severity of the crime, roots in the community, prior bad acts, others
=
NYT editors write: " even though she posed no risk of skipping town or endangering anyone if she were released."
Only if NYT has a pipeline to God do they know this, arrestee not a flight or harm risk
=
"The real explanation is straightforward: As cash bail has fueled a politically influential, multibillion-dollar industry, courts are relying on it more, and people who can’t afford it are getting locked up at ever greater rates."
This is nonsense:
People who don't make bail don't fuel this industry; and keeping people in jail incurs costs, some $25k/year
From the decision: "Sheriff Ed Gonzalez, defendant, testified for Plaintiffs, .. waste of taxpayer money to keep people like the plaintiffs in jail solely because they cannot afford to obtain a bail bond. "
No-show rates are well studied, we should include such, a quick google search finds much legal advice on missing your date, meaning that it happens a lot
Could not agree more with this article
6
"Poor defendants — who are disproportionately black and Latino — stay in jail not because they can’t buy their way out but because they “want” to be there, especially “if it’s a cold week." Any public official who talks like this should be in jail.
14
Notice this otherwise responsible story DID NOT NAME the Harris county's "lawyer". This is public record, so what's the problem "editorial board"? This is exactly the kind of public employee that MUST be identified, especially in light of the subject matter. These archaic, un-American, and frankly racist attitudes need to be singled out for public ridicule, not shielded by anonymity.
6
Perhaps the slavery has returned ; and we will have workhouses filled with
single parents who are just trying to survive.....Where is there justification for
such extortion as a demand to pay more than you can afford: this is the crime
which is to punish by extortion....The Soviet System seems to be taking hold
without anyone blinking an eye.
single parents who are just trying to survive.....Where is there justification for
such extortion as a demand to pay more than you can afford: this is the crime
which is to punish by extortion....The Soviet System seems to be taking hold
without anyone blinking an eye.
5
Thank you New York Times for writing this. Our great country punishes those without resources. The starvation of children ad abuse of the sick elderly is horrifying. The news media seems to edit out the real news of those in need.
Artists might rise with resistance as the annihilated Occupation Wall Street attempted to do. There is a censorship of the facts. a new theater arts confronting this turmoil must arise. dramatists such as Dr. Larry Myers has written about homelessness. his "Tent City Psychometry" deals with those who dwell in curb life.
Artists might rise with resistance as the annihilated Occupation Wall Street attempted to do. There is a censorship of the facts. a new theater arts confronting this turmoil must arise. dramatists such as Dr. Larry Myers has written about homelessness. his "Tent City Psychometry" deals with those who dwell in curb life.
1
Newsflash... newsflash... newsflash...
NYT Drones just discovered that people without financial resources have a tougher time living in our modern society. Exceptional journalism. Keep it up!
NYT Drones just discovered that people without financial resources have a tougher time living in our modern society. Exceptional journalism. Keep it up!
4
A young black mother driving without a license is a 'danger to the community' if not locked up.
Only in America....., the land of the not so free and not so brave.
Proud to be an American? Hardly.
Only in America....., the land of the not so free and not so brave.
Proud to be an American? Hardly.
How are people with means "walking away free"??
They are paying hard earned money they have saved!!
They are paying hard earned money they have saved!!
3
They spend their money buying influence, not supporting justice. After all, affluenza will soon be a constitutional protected right of the 1% if the Republicans have their way, and workers will be given the right to die on the job, get poisoned by the water, chocked to death by the smog. Subsidize the
Everyone needs to read "The New Jim Crow."
Thanks to the misguided crime bill from the Clinton presidency which in addition to betraying the working class of America with NAFTA, the Clintons effectively started the mass incarceration of young black males. Yet another example as Thomas Frank elucidates in "Listen Liberal," in which the Democratic Party lost its Google Map to be the party of the people, vulnerable, and down trodden. Democrats need to return to the core values of FDR and McGovern.
Thanks to the misguided crime bill from the Clinton presidency which in addition to betraying the working class of America with NAFTA, the Clintons effectively started the mass incarceration of young black males. Yet another example as Thomas Frank elucidates in "Listen Liberal," in which the Democratic Party lost its Google Map to be the party of the people, vulnerable, and down trodden. Democrats need to return to the core values of FDR and McGovern.
6
"I just spent 60 days in the jailhouse
for the crime of havin no dough
Now here I am back out on the street
For the crime of havin nowhere to go"
The Band "The Shape I'm in" - 1968
for the crime of havin no dough
Now here I am back out on the street
For the crime of havin nowhere to go"
The Band "The Shape I'm in" - 1968
8
The brutal policies of trump and his minions.
3
Great news.
Get the facts straight. You don't land in jail for being poor. Don't commit crimes of ANY kind and pay your bills.
Simple.
Simple.
4
As long as we have laws, we will require those accused of violating them to answer whether they are guilty or not guilty. Unfortunately, there are those few who will not show up to court to plead even after having given multiple promises to do so. A minor charge can drag on for years to the point that any evidence as to guilt or innocence is long gone. They justice system then has failed. While the article defines a problem, it leaves out any possible solution for the courts of the problem of those accused who refuse to come to answer the charge. If a defendant refuses to appear, we might as well have no laws because there will be no enforcement.
1
Jail counts are up not only because of the abuse of bail. The numbers of defendants held for drug offenses that call for long mandatory terms of incarceration is vast and many will string their cases out to see if they can get a better deal. Also, murder cases are way up in some cities. When I started in corrections back in 1982 it was unlikely that our jail housed even one person on a murder charge. Then, family sustaining factory jobs were still abundant. When I retired in 2013, there were twenty-five murderers being held. Each murder trial takes 18 mos. to 2 years to adjudicate. The overall population of the county changed little over those 31 years, but poverty expanded at an alarming pace.
2
Before everyone gets distressed and passes judgement that injustice prevails instead of justice in our land, lets look at the bigger picture. What happens after the initial incarceration is a trip to court where the charges are read and a court date is set. The person is then released on their promise to return to court. When they do and if they plead to the charge then fines and or community service is ordered. During three decades I witnessed many times people return to court without having paid any portion of the fine nor having begun community service. Sympathetic judges repeatedly threatened jail but always gave more time. If there's a better way to deter people without the threat of jail then lets hear it.
The point of bail is to make sure that someone attends their trail or other negotiated process to adjudicate the charge. Obviously, $2,500 for someone on low income is unduly harsh. On the other hand, the affluent may consider this expense frivolous and use it as an excuse to "buy" their way out of a misdemeanor - especially if it's a state-based penalty in a state in which they do not reside.
Instead, why not use cash bail that sets the amount as a percentage of the person's income ? For someone earning $20,000/yr, a cash bail set at $500 (or 2.5%) may have the same effect as a $5,000 bail for someone earning $200,000.
Liberals may still resist any cash bail on the argument that wealth inequality exceeds even income inequality. However, I am not sure the alternative is preferable. If someone fails to attend their trial, then an arrest warrant can be issued even when the underlying charge is minor. How does this help the poor person who commits a misdemeanor ?
The other reform that could potentially help is simply reform of the court system itself. For many traffic violations, you can now simply plead guilty, pay the penalty and avoid further process. Since so few cases actually go to trial, perhaps this idea can be extended to other misdemeanors ?
Instead, why not use cash bail that sets the amount as a percentage of the person's income ? For someone earning $20,000/yr, a cash bail set at $500 (or 2.5%) may have the same effect as a $5,000 bail for someone earning $200,000.
Liberals may still resist any cash bail on the argument that wealth inequality exceeds even income inequality. However, I am not sure the alternative is preferable. If someone fails to attend their trial, then an arrest warrant can be issued even when the underlying charge is minor. How does this help the poor person who commits a misdemeanor ?
The other reform that could potentially help is simply reform of the court system itself. For many traffic violations, you can now simply plead guilty, pay the penalty and avoid further process. Since so few cases actually go to trial, perhaps this idea can be extended to other misdemeanors ?
1
Bail bond agencies prey on the poor: they will post bail for most people for a 10% fee, but the payer never recovers that money upon showing up for court, even if charges are dismissed or the person is found innocent. The court is essentially imposing a fine of 10% of the bail as the price for staying out of jail while awaiting a chance to prove one's innocence.
8
The idea of day bail has been around for centuries. It means, in the absence of unususal circumstances, bail for the same offense ought to be set at the amount of income two defendants make for the same number of days. So a person who makes $500 per week whose bail is set a 2 days would pay $200. A person who makes $10,000 per week would pay $4,000. Some variant of this day bail system should be tried somewhere. It would certainly be fairer and more humane than the system in effect in most US jurisdictions.
There is no doubt while in practice I was a much more empathetic doctor because the nature of medical education puts the trainee in the thick of the action, seeing gore, death and suffering as a collateral to the experience.
The risk of exposure in a legal education is mostly to mold and paper cuts.
It should be a requirement for all lawyers to spend one weekend in jail in training and to spend it not in some class field trip but alone.
The risk of exposure in a legal education is mostly to mold and paper cuts.
It should be a requirement for all lawyers to spend one weekend in jail in training and to spend it not in some class field trip but alone.
2
It's always inspiring to read about someone in a position of power who has a conscience and does the right thing. Long live Judge Lee Rosenthal.
Next step: addressing the enormous problem that is the civil justice system in our society, where you have the same problem of people being deprived of justice because they don't have enough money. People who are sued and do not have the money to pay for legal defense, have no hope for justice because they can't afford justice. Anyone who is sued who can't afford an attorney, cannot get justice, and that the courts would allow this situation to continue is absolutely unacceptable.
Solution: if the defendant cannot afford an attorney, the plaintiff can't use an attorney either -- and the matter must be resolved in the equivalent of small claims court, where both sides represent themselves before a judge.
Next step: addressing the enormous problem that is the civil justice system in our society, where you have the same problem of people being deprived of justice because they don't have enough money. People who are sued and do not have the money to pay for legal defense, have no hope for justice because they can't afford justice. Anyone who is sued who can't afford an attorney, cannot get justice, and that the courts would allow this situation to continue is absolutely unacceptable.
Solution: if the defendant cannot afford an attorney, the plaintiff can't use an attorney either -- and the matter must be resolved in the equivalent of small claims court, where both sides represent themselves before a judge.
3
Kind of fond of use of counsel myself. People who are sued civilly and cannot pay hundreds of dollars per hour for representation might make inquiry at law schools or bar associations or legal aid societies.
1
Raising funds in our criminal justice system through medieval bail practices, exorbitant penalties and fines and for profit prisons has become more important than seeking justice, it seems. These practices help explain the simmering anger of African Americans towards law enforcement in towns like Ferguson, Missouri where a large share of the city funds are generated by these money making practices imposed on those who who can least afford to pay them.
Kudos to Judge Rosenthal for seeking justice and shining light on these injustices.
Kudos to Judge Rosenthal for seeking justice and shining light on these injustices.
4
My Congressman Ted Lieu has introduced the No Money Bail Act of 2017. Bail legislation is also pending in California and in LA County thanks to State Senator Bob Hertzberg and County Supervisor Sheila Kuehl. It is time to end money bail and replace it with risk assessment. I am proud to say that I suggested the legislation to Congressman Lieu who immediately followed up. This ruling is correct and badly needed. Lives are being destroyed both by the incarceration and by the results of pleading guilty to crimes not committed to be able to go home - but with a felony conviction which limits the innocents' options for the rest of their lives.
2
I work for the Probation Department of a small population, but large in area rural county. We don't have room in our jail for misdemeanants. They are released on OR almost immediately. Our department runs a pre-trial program for people charged with qualifying (non-violent) felonies. They are released to us and are offered (but not required to accept) services pertaining to substance abuse, help with finding a job, etc. They also receive phone calls reminding them of court appearances that have reduced FTA immensely. The courts only use bail for serious felonies and those who get caught transporting drugs on our major interstate.
5
Corporations are people too, my friend. Why should bail-bond corporations have their profits taken away over some "constitutional rights" of poor people? Being poor (in America) is already a crime anyway, and it carries a lifetime sentence with no parole. I don't see why bail-bond corporations should lose profits merely because of the so-called "constitutional rights" of poor people, as created by some 'judge' in some city someplace.
3
I'm with the author of this editorial and Judge Rosenthal. Yes we should not be locking people up who are presumed innocent under our judicial system unless they are a threat to the community or themselves. Very reasonable and logical. Good article! Good support!
5
The dirty secret is that "the system" relies on the coercive effect of the cash bail system to force guilty pleas and avoid trials. Without the forced pleas, the system would break-down under the weight of all the additional trials.
7
A carrot might work. Job training, housing assistance, dignity, equality. The last thing that the uber capitalist in the republican congress is a break on the private prison money train.
If a person is a danger to the community then the community must be the incarcerator instead of sub contractor. These private prisons and the community leaders who support them are intentionally inflicting cruel and unusual punishment ON THE FAMILIES.
They put inmates in prisons far from their homes, like sending them to Texas. Cruelty is the motto of the Texas elected representatives. Kill, starve, make them sick and then let them die without wasting money on medical treatment. Just make you prison corps make the check out to .....
If a person is a danger to the community then the community must be the incarcerator instead of sub contractor. These private prisons and the community leaders who support them are intentionally inflicting cruel and unusual punishment ON THE FAMILIES.
They put inmates in prisons far from their homes, like sending them to Texas. Cruelty is the motto of the Texas elected representatives. Kill, starve, make them sick and then let them die without wasting money on medical treatment. Just make you prison corps make the check out to .....
3
Sanity at last! This important ruling needs to be widely broadcast and followed. If we all share we can continue to shine the spotlight on the underlying and widespread inequity.
1
As an officer of the court, it was my experience that the courts never required the bondsman to pay up when a defendant failed to appear. It was just an illusory scam. The point was probably to get the defendant out of jail until the case was settled. They could have done that without the bail bondsman.
6
The converse is true too - Not Locked Up for Being Wealthy. What more proof does one need that this nation is FOR the rich?
If anything, shouldn't bail be commensurate with the wealth and the size of the bank accounts of the individual? Say $5.00 for the poorest and $100,000,000.00 for a billionaire? Is $2,500.00 fair for a poor person? Is $2,500.00 really meaningful at all to a billionaire? Perhaps a jail cell with gold bars and a gold loo the Billionaire class would "want" to be there too.
The clear and present danger I see from this system of gouging and locking up misdemeanor poor is that inflicted on the children.
Cash-Bail industrial complex tied into the private prison industrial complex - how convenient.
If anything, shouldn't bail be commensurate with the wealth and the size of the bank accounts of the individual? Say $5.00 for the poorest and $100,000,000.00 for a billionaire? Is $2,500.00 fair for a poor person? Is $2,500.00 really meaningful at all to a billionaire? Perhaps a jail cell with gold bars and a gold loo the Billionaire class would "want" to be there too.
The clear and present danger I see from this system of gouging and locking up misdemeanor poor is that inflicted on the children.
Cash-Bail industrial complex tied into the private prison industrial complex - how convenient.
5
It isn't just bail that crushes people, it is fees. When I worked at a criminal/traffic court one of our biggest money makers was Driving Under Suspension.
A person would have lost their license (DUI, no insurance, etc) and the fees to reinstate your license was $450.00. So these people would have completed their sentence and yet would be unable to get their license again because after the court costs, another $450 may as well have been a million dollars.
They would keep driving o course, get pulled over, get a DUS (six points on your license), and have even more fines and costs. It doesn't make the public safer. It just makes the court and the DMV richer at the expense of those who can least afford it.
A person would have lost their license (DUI, no insurance, etc) and the fees to reinstate your license was $450.00. So these people would have completed their sentence and yet would be unable to get their license again because after the court costs, another $450 may as well have been a million dollars.
They would keep driving o course, get pulled over, get a DUS (six points on your license), and have even more fines and costs. It doesn't make the public safer. It just makes the court and the DMV richer at the expense of those who can least afford it.
6
Good news here in Maryland. Maryland's highest court approved a rule change in February, 2016 aimed at preventing people from being held in jail simply because they are poor. The rules took effect July 1. The Senate then attempted to modify the rules by passing a bill supported by the bail/bond industry, but it was defeated in the General Assembly.
Our nation runs on wealth extraction. When you run out of things you can dig up out of the dirt, new extraction industries pop up.
The bail schemes, localities that rely on fines for revenue because taxpayers won't vote for increases, are two options that extract wealth from the populace. At first it seems reasonable - if you are doing things right, you won't have to pay. But in the next iteration, you find companies that profit from traffic cam fines shortening yellow light cycles, and the community fining people large amounts for minor violations, such as driving without a license, or having a broken screen door or un-mown grass. Communities end up spending a fortune to pay for jail for people who should not have been fined so much in the first place. Wealth extraction.
Capitalism is not the same as soulless opportunism. We should have a populace that respects and obeys laws, but we also need reasonable laws and reasonable consequences. Rights and responsibilities ought to balance out.
And communities should consider the responsibility to fund necessities with tax dollars.
The bail schemes, localities that rely on fines for revenue because taxpayers won't vote for increases, are two options that extract wealth from the populace. At first it seems reasonable - if you are doing things right, you won't have to pay. But in the next iteration, you find companies that profit from traffic cam fines shortening yellow light cycles, and the community fining people large amounts for minor violations, such as driving without a license, or having a broken screen door or un-mown grass. Communities end up spending a fortune to pay for jail for people who should not have been fined so much in the first place. Wealth extraction.
Capitalism is not the same as soulless opportunism. We should have a populace that respects and obeys laws, but we also need reasonable laws and reasonable consequences. Rights and responsibilities ought to balance out.
And communities should consider the responsibility to fund necessities with tax dollars.
3
Bail, particularly for petty offenses, is another way to criminalize and marginalize black and brown people. The affluent teenager who shoplifts gets off with a warning. The poor black person gets jail and exhorbitant bail and is dismissed as having moral failings. Ferguson, Mo., criminalized traffic infractions and issued warrants for people who couldn't afford to pay ridiculous fines. The usurious fines also were a revenue source for the town. The Obama Justice Department exposed this practice and demanded reforms, but the Sessions Justice Department will likely sanction them. For-profit jails and prisons need to keep their doors open, so they and their allies are perfectly happy about ridiculous fines for minor infractions. The thing about being poor is that one financial setback can have a ripple effect that takes months/years to recover from. Days or weeks in jail for a misdemeanor unnecessarily ruins lives. The woman who was jailed for driving without a license was probably doing so out of necessity. Judge Rosenthal's decision was right. I appreciate this editorial. But, unfortunately, for-profit prisons wield enough power to maintain the status quo. Change starts with people, but a large enough majority of our population thinks poverty and the desperation that sometimes comes with it are moral failings, thus, they don't process out-of-control bail as a miscarriage of justice.
4
May we all applaud & support Judge Rosenthal's efforts. Also to New Jersey who is seeking reform. This is a step in the right direction toward justice & equality. We may have far to go & a long fight ahead but this counts in the win column.
2
My guess is that Ms. ODonnell has had prior run ins with the law that precipitated her bond. Driving without a license in Texas carries a $200 fine for the first two offenses in a year, with $500 for the third; no arrest, no jail time. There is no presumption of innocence in such a case. You either have and can produce a valid drivers license or you can't. When you're 18 in Texas you renew for 6 years, the cost is $25. In Ms. ODonnell's case her licesnse would be valid until she turns 24. She's 22. Prior convictions and past warrants most assuredly play a part in setting the bond for a returning defendant. Replacing the secured money bail with a risk-assessment score may not have given Ms. ODonnell her freedom and no possibility of bonding out.
1
Probably is as good as evidence to too many people
This piece said the ruling is 'temporary' - without elaborating. Presumably(?) that means it will be appealed? And, eventually on to the Supreme Court (in a dozen years? ['justice delayed, justice denied']); which body, being in GOP hands will then overturn the ruling. Back to square one for another hundred years.
As the song says, "it's the money, honey."
There are entire industries which charge exorbitant fees for telephone services for inmates, healthcare, incarceration, bail, while asset forfeiture allows police precincts to seize assets even if no crime has been committed. Justice for all, or rather, justice for all who can pay for it.
Is there no part of our society which isn't corrupt?
There are entire industries which charge exorbitant fees for telephone services for inmates, healthcare, incarceration, bail, while asset forfeiture allows police precincts to seize assets even if no crime has been committed. Justice for all, or rather, justice for all who can pay for it.
Is there no part of our society which isn't corrupt?
5
The Eighth Amendment says "Excessive bail shall not be required," but it seems many don't agree, especially those who lend money for it at ten per cent, and many who think that poor, mostly minority, people accused of any offense should be locked up regardless of flight risk. In NYC in the 'seventies we had a black judge, Bruce Wright, who was attacked for taking that amendment seriously. He once said that for some people fifty dollars was excessive. The patrolmen's Benevolent Association called him "Turn 'em loose Bruce," and the tabloids and Mayor Ed Koch joined in loudly. The facts that he based his decisions on his estimate of flight risk, and that the people to whom he granted bail all showed up for trial, had no effect. Ed Koch had bravely "gone south" in the 'sixties to march for civil rights, but times surely do change.
3
The commercial bail industry is often the savior of overcrowded and underfunded detention facilities. This industry is highly regulated by most State Divisions of Insurance. State legislatures enact laws throughout USA protecting the public
Bail companies routinely bail people with NO MONEY DOWN, all a person needs is one decent person from the community to sign for them and take responsibility that they will show up to court and not be a further burden on society. The problem is that many of these so called "poor" are repeat offenders that have stolen from their families and friends so often they are left to sit in jail until their court date, usually a few days. The bail industry saves taxpayers money by allowing private industry to monitor these defendants and return them to custody if they fail to show up or commit further problems. There will always be a few sob stories to write about that over highlight this industry. Overall, commercial bail works exceedingly well.
Bail companies routinely bail people with NO MONEY DOWN, all a person needs is one decent person from the community to sign for them and take responsibility that they will show up to court and not be a further burden on society. The problem is that many of these so called "poor" are repeat offenders that have stolen from their families and friends so often they are left to sit in jail until their court date, usually a few days. The bail industry saves taxpayers money by allowing private industry to monitor these defendants and return them to custody if they fail to show up or commit further problems. There will always be a few sob stories to write about that over highlight this industry. Overall, commercial bail works exceedingly well.
I am so glad that someone with a platform has sounded the alarm on this issue which has gone on far too long.
Of course, this is only one of the myriad of "justice system" injustices meted out by a society that doesn't care what happens to it's "problems" once they are out of it's sight. What they see as human "refuse" is gone from their minds once "it" is picked up off the street - where "it" goes, what is done with "it" is never given a thought. And ironically, these people, these human beings who are treated like refuse, come back to our streets knowing what society thinks of them, and returning the favor.
The story in this Editorial is repeated thousands of times a day, all over the country, and each and every time a person, their family, their friends, their neighbors and their neighborhoods - concentric circles - have it confirmed that their disdain for the majority society, the police and the justice system is not misplaced - it's dead on. The system is "rigged" as Trump would say - only this is not "fake" news. This system really is.
Of course, this is only one of the myriad of "justice system" injustices meted out by a society that doesn't care what happens to it's "problems" once they are out of it's sight. What they see as human "refuse" is gone from their minds once "it" is picked up off the street - where "it" goes, what is done with "it" is never given a thought. And ironically, these people, these human beings who are treated like refuse, come back to our streets knowing what society thinks of them, and returning the favor.
The story in this Editorial is repeated thousands of times a day, all over the country, and each and every time a person, their family, their friends, their neighbors and their neighborhoods - concentric circles - have it confirmed that their disdain for the majority society, the police and the justice system is not misplaced - it's dead on. The system is "rigged" as Trump would say - only this is not "fake" news. This system really is.
It's hard to understand a system that costs a county more than it brings in. This boggles the mind. The only rationale I can come up with is that bail bind companies donate to judge's re-election campaigns.
3
The privatization of the justice system, whether jails, prison transport, or the bail system fits perfectly with hard right wing philosophy.
The poor are to be treated as sort of a low grade ore.
Grind down relentlessly, extract what little gold one finds, then cast remainder on a waste pile.
The poor are to be treated as sort of a low grade ore.
Grind down relentlessly, extract what little gold one finds, then cast remainder on a waste pile.
1
In the summer of 1997 I witnessed a court room where the majority of defendants were Latino or black and poor. The great majority were black, uneducated, and impoverished. The judge, known for his explosive temper and harsh sentencing practices, disposed of each case the same way. Defendants were held for hearings without bail or with bail set at high amounts. Public defenders made no efforts on behalf of the accused. Defendants that could afford counsel were still out of luck. On occasion the judge would ask a defendant if they understood why they were there and if they stumbled or protested they were summarily found in contempt of court and sentenced to six months in prison. Later that day a bus took more than 40 people to the county jail. Most were accused of very minor infractions and did not belong there. One man, a former businessman who was accused by his wife of abuse, without evidence, was sentenced to 6 months, then given a suspended sentence. He was white. Yet he still wound up in prison for 10 days. The good man was not guilty of anything and his wife lied to get him out of the house so she could rendezvous with her new boy friend. He still felt the judge's wrath. I knew the businessman and was there for him but he never got a chance.
After that day I had little faith in justice system. My friend almost committed suicide and lost his job, his home, his children and most everything else. He was devastated. After release the man left the state.
After that day I had little faith in justice system. My friend almost committed suicide and lost his job, his home, his children and most everything else. He was devastated. After release the man left the state.
4
The poor definitely face a couple of strong currents working against them.
The criminal justice industry is huge. Punishment is the norm, not support or rehabilitation.
The poor challenge our "Land of Opportunity" storyline, and that storyline runs deep in this country. We believe that all 300+ million people should be successful and self-sufficient no matter how many barriers we put in from of them. Payday loans, poor schools, food deserts, crazy healthcare laws, overuse of incarceration, and a dearth of decent job are the main drivers for the pockets of third world USA.
Sure, I get it, pull yourself up the bootstraps. But, first the bootstraps need to be readliy available.
The criminal justice industry is huge. Punishment is the norm, not support or rehabilitation.
The poor challenge our "Land of Opportunity" storyline, and that storyline runs deep in this country. We believe that all 300+ million people should be successful and self-sufficient no matter how many barriers we put in from of them. Payday loans, poor schools, food deserts, crazy healthcare laws, overuse of incarceration, and a dearth of decent job are the main drivers for the pockets of third world USA.
Sure, I get it, pull yourself up the bootstraps. But, first the bootstraps need to be readliy available.
2
I work with mentally impaired men and women. One, recently, was pulled over by a police officer and given a summons for driving without a license. She had taken over the wheel because her boyfriend was drunk. And could not understand why she'd been ticketed, since she was doing a good thing by keeping them out of an accident.
Today, she still isn't convinced that she had done something wrong. What happens the next time? She hasn't a penny to spare, and her drunken friend is just as poor. So she will be locked up?
There are scores of similar stories among this population. Why are we imprisoning them needlessly? Why aren't we spending a bit of money trying to figure out how best to serve them?
Today, she still isn't convinced that she had done something wrong. What happens the next time? She hasn't a penny to spare, and her drunken friend is just as poor. So she will be locked up?
There are scores of similar stories among this population. Why are we imprisoning them needlessly? Why aren't we spending a bit of money trying to figure out how best to serve them?
1
Jailing people pretrial for non-jail offenses has always bothered me.
2
I never set poor person's bail and I railed at the ADAs who requested it. They said it embarrassed them. They should have been embarrassed by the requests.
You cannot look it up, because no one ever talked about it in the press and they shut me up at my public hearing, refusing to let me tell my side of the story. My life got ruined as badly as the people who have been unjustly jailed for not having money or a place to live.
And no one cared then or now.
You cannot look it up, because no one ever talked about it in the press and they shut me up at my public hearing, refusing to let me tell my side of the story. My life got ruined as badly as the people who have been unjustly jailed for not having money or a place to live.
And no one cared then or now.
2
This is why we need full socialism, and a more economically oriented progressive Democratic Party.
Want to eliminate poverty, and poverty traps like the one covered in this piece? Then redistribute wealth away from the rent seekers, the exploitative, and the privileged (often successful only because of the color of their skin) to the hard working who yes, sometimes get caught on the wrong side of the law.
It's that simple. If we didn't live in a fascistic society that takes every opportunity to scapegoat Venezuela, Puerto Rico, and other places where Western interference hobbled redistributionist efforts, these measures would be easier to entertain.
Want to eliminate poverty, and poverty traps like the one covered in this piece? Then redistribute wealth away from the rent seekers, the exploitative, and the privileged (often successful only because of the color of their skin) to the hard working who yes, sometimes get caught on the wrong side of the law.
It's that simple. If we didn't live in a fascistic society that takes every opportunity to scapegoat Venezuela, Puerto Rico, and other places where Western interference hobbled redistributionist efforts, these measures would be easier to entertain.
2
Mercy for the rich, justice for the poor. Alway has been, and without major change, always will be.
The easy solution is for persons worried about this issue to set up and contribute to a bail fund to allow poor persons accused of crimes to get out of jail and back into their neighborhoods.
1
But look a our great growing industry of Prisons for Profit, this would still be on the dream board of republicans. Millions of citizens would still be voting if they realized by pleading in order to go home, they gave up their rights to vote. (Does not apply in all states yet) But the party is working hard on that as well protect ear damage of survivors of gun battles by promoting silencers.
1
If you go through some modest size towns, and not just in Texas, you can find entire sections filled with payday loan outfits and, right next door or in the same storefront, bail bondsmen. Take Charleston, SC, as one example. It is a beautiful city filled with eager, money spending tourists. Go to N. Charleston and see block after block with bail bonds outfits.
I was in Wichita Falls, Tx., looking for a motel during a busy weekend with a major cycling event, a 100 mile ride. One motel I passed had the bail bond store right there. What a deal! Get in trouble while at the motel and you already know who can, for a fee, help you get out of jail. I stayed elsewhere.
This sentence in the editorial is a key to these practices: "The cash-bail industry, which includes local bond agents backed by multinational insurance giants, is a morally tainted enterprise..."
A host of businesses which prey on the poor and the near poor are, in fact, backed by major corporations and banks. This includes thousands of payday loan stores and sleazy used car sales lots. The upstanding banks and insurance companies get to profit from exploitation, but they don't share the moral taint of being directly involved.
Texas specializes in cracking down. "Let no minor crime go unpunished" could be a state motto. I once overhead a clerk in a store in Dallas say her son had just gotten out of jail, arrested for an $11 bounced check. One result is that those at the economic bottom get pushed farther down.
I was in Wichita Falls, Tx., looking for a motel during a busy weekend with a major cycling event, a 100 mile ride. One motel I passed had the bail bond store right there. What a deal! Get in trouble while at the motel and you already know who can, for a fee, help you get out of jail. I stayed elsewhere.
This sentence in the editorial is a key to these practices: "The cash-bail industry, which includes local bond agents backed by multinational insurance giants, is a morally tainted enterprise..."
A host of businesses which prey on the poor and the near poor are, in fact, backed by major corporations and banks. This includes thousands of payday loan stores and sleazy used car sales lots. The upstanding banks and insurance companies get to profit from exploitation, but they don't share the moral taint of being directly involved.
Texas specializes in cracking down. "Let no minor crime go unpunished" could be a state motto. I once overhead a clerk in a store in Dallas say her son had just gotten out of jail, arrested for an $11 bounced check. One result is that those at the economic bottom get pushed farther down.
3
I took an intro to law class in junior college, and the professor, an old trial attorney opened with this: We have plenty of justice in America. How much can you afford?
It is also known that if you show up for trial from jail, you are many times more likely to be found guilty and given a harsher sentence.
Hooray for thiis ruling.
It is also known that if you show up for trial from jail, you are many times more likely to be found guilty and given a harsher sentence.
Hooray for thiis ruling.
2
Justice is always available - for a fee, if you can afford it. Many solve their problems with a gun.
They were not locked up for being poor, they were locked up for breaking a law.
1
Can't you read? These people had not been convicted of anything. Do you think it's fair to be put in jail, lose your job, maybe your home and children, because you earn only minimum wage and you got caught jaywalking or perhaps driving too fast? (We aren't talking criminal offenses here! Many recent reports show that the poor live on the knife's edge: they don't make enough to even pay their rent in many locations and one unexpected expense can destroy them for months or years. Not to mention that being in jail becomes a new red flag to potential employers. I hope you never have the misfortune to experience that life, though perhaps if you did, you'd have more understanding or God forbid, some compassion for those who do experience it.
1
that this has to even go before the supremes because some group thinks it is fair to deny a poor person an alternative to jail is mind numbing
1
Hmmmm, will these straw man defenders of the status quo appeal this case so there could possibly be a broader application of the judge's lengthy and presumably well reasoned argument.
It was really a welcoming gesture from Judge Rosenthal of Harris County, Texas, to declare that the repulsive practice of of putting a poor person in jail for longer period of time especially when they're either Blacks or Latinos for not coming up with the very high amounts of bail money, is totally unconstitutional.
But with this administration of Trump and A.G. Jeff Sessions, who himself has broken the law under perjury at his confirmation hearing in the Senate saying he was a never Trump Campaign surrogate and never met the Russian Ambassador, any kind of reforms in our criminal justice system will be totally impossible.
These two very racist individuals who were handed over our country's reign by some very stupid electorates only because our F.B.I. Director never told the citizens like us even before a day of the election that there was a very active investigation going on against many members of the Trump campaign because of their unquestionably proven conspiracy to get the Russian Intelligence Services help to make Trump win.
But on the contrary he had no hesitation to announce the finding of a inconsequential laptop from the ex-husband of Hillary's personal aide, just 10 days before the election to destroy Hillary's campaign completely with just one devastating email to the Republican Senators in Congress.
So as far as reforming our criminal justice system under a president who is directly involved with the private prison industry,let's not even dream about it.
But with this administration of Trump and A.G. Jeff Sessions, who himself has broken the law under perjury at his confirmation hearing in the Senate saying he was a never Trump Campaign surrogate and never met the Russian Ambassador, any kind of reforms in our criminal justice system will be totally impossible.
These two very racist individuals who were handed over our country's reign by some very stupid electorates only because our F.B.I. Director never told the citizens like us even before a day of the election that there was a very active investigation going on against many members of the Trump campaign because of their unquestionably proven conspiracy to get the Russian Intelligence Services help to make Trump win.
But on the contrary he had no hesitation to announce the finding of a inconsequential laptop from the ex-husband of Hillary's personal aide, just 10 days before the election to destroy Hillary's campaign completely with just one devastating email to the Republican Senators in Congress.
So as far as reforming our criminal justice system under a president who is directly involved with the private prison industry,let's not even dream about it.
1
It's about time...unless the Department of Injustice 'refuses' to change to its rightful name, by doing the right thing, a place where Justice is supreme. For now, a mockery seems the rule.
Good luck with changing the system, forget constitutional rights the power is in the money and the lawyers, loan sharks and bail bond industry will all lobby the politician's to keep the big buck coming into their coffers. Hats off to Judge Rosenthal, however, the current U.S. Attorney General and the Supreme Court will have a say and anything that resembles human rights and might be for the common good of American citizens....well kiss that goodbye.
"Maranda Lynn ODonnell, a 22-year-old single mother in Harris County, Tex., was arrested last year for driving without a valid license. The judge set her bail at $2,500. She couldn’t afford anything close to that, so she spent three days in jail — even though she posed no risk of skipping town or endangering anyone if she were released." Very skeptical of the reporting on this story. Suspect many pertinent details are being left out.
1
Another rational attack on the capitalist system, imagine putting people before profits? What is this world coming to?
1
And how much are these poor people accused of misdemeanors later charged in jail fees, court costs, etc.?
If the County Attorney believes people "want to be in jail" he should be given an opportunity to try it.
1
Would OJ have gotten away with a double homicide had he been poor? Would Teddy have walked away from the drowned girl at a bridge without wealth and influence? Money decides housing, healthcare, education, legal representation etc. So what else is new.
Anatole France said it well in 1894: "The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread."
"As a result, poor people charged with a misdemeanor end up stuck behind bars, while people with money who are charged with the same offense walk free."
To rectify this injustice, Jeff Sessions will propose legislation that white collar criminals be held at Trump Tower.
To rectify this injustice, Jeff Sessions will propose legislation that white collar criminals be held at Trump Tower.
1
Good, great, you published some uplifting news. Thank You..this story will likely be the one bright news report of the coming week.
Don't do the crime, especially if you don't have the money to avoid the time.
2
Indirectly related; do readers know that many states have contracted with CenturyLink to provide calling and account billing at over a dollar a minute?
In this case we see how clearly the law presently can reinforce class inequality. Why didn't President Obama work to end this punitive class based legal form of victimizing the poor? How would his "My Brother's Keeper" initiative end this cruel legal custom?
Where are the Churches, the liberal advocacy groups, Black Lives Matter, Bill and Hillary Clinton, Elizabeth Warren, Bernie Sanders, Nancy Pelosi, the DNC, the Dallas Morning News, the Congressional Black Caucus, Planned Parenthood, La Raza, the Immigration advocate groups, Gay Civil Rights groups? Why didn't the Senate Judicial Committee raise the Constitutionality of cash bail requirements during his confirmation hearings? Ditto for Loretta Lynch, AG Jefferson Beauregard Sessions? Why didn't the hosts of the Presidential debates ask Trump and Hillary a question about this outrageously unconstitutional judicial practice?
Where are the Churches, the liberal advocacy groups, Black Lives Matter, Bill and Hillary Clinton, Elizabeth Warren, Bernie Sanders, Nancy Pelosi, the DNC, the Dallas Morning News, the Congressional Black Caucus, Planned Parenthood, La Raza, the Immigration advocate groups, Gay Civil Rights groups? Why didn't the Senate Judicial Committee raise the Constitutionality of cash bail requirements during his confirmation hearings? Ditto for Loretta Lynch, AG Jefferson Beauregard Sessions? Why didn't the hosts of the Presidential debates ask Trump and Hillary a question about this outrageously unconstitutional judicial practice?
Why do we arrest or jail people? Everyone can be reformed. Just reason with them. Don't punish them. It's just not fair. Shame! Shame!
The real question is why are we so cruel on many fronts.
1
If you need bail - you committed a crime. Don't commit a crime - so you won't need bail.
1
President 'Lock Her Up' is, of course, a proponent of 'jail until proven innocent', but Judge Rosenthal's thoughtful, if long overdue assessment is a credit to him and to our judicial system.
Once jailed, once 'convicted' for convenience, do the 'perps' then lose the right to vote ? lose the ability to find quality work ? Of course, many do.
Hillary promised legal reform.... the evidence is that stumpy's philosophy is that when your foot is already on their throat, step down harder.
We must HATE HATE and injustice in all it's forms. We must embrace our better angels and FIGHT for their victory each and every day.
We can no longer say that the darkness is on the horizon.... it's here and we must honor every beam of sunshine that shines through.
Thank you Judge Rosenthal.
Once jailed, once 'convicted' for convenience, do the 'perps' then lose the right to vote ? lose the ability to find quality work ? Of course, many do.
Hillary promised legal reform.... the evidence is that stumpy's philosophy is that when your foot is already on their throat, step down harder.
We must HATE HATE and injustice in all it's forms. We must embrace our better angels and FIGHT for their victory each and every day.
We can no longer say that the darkness is on the horizon.... it's here and we must honor every beam of sunshine that shines through.
Thank you Judge Rosenthal.
1
She should not be driving if she does not have a license. And it is very sad that she apparently does not have a pot to do anything.
1
For-profit jails and prisons, for-profit bail bondsmen, for-profit warfighters, for-profit politicians.... what could go wrong?
1
Sadly, this judge's body will likely be found in a river and her death will be ruled a suicide. I'm so scared for this country.
1
America, better known as, the Incarceration Nation.
No other nation has done more or that does more to destroy the lives of individuals, families, and children, especially if you are red, black, brown, and poor for the sake of profit. This destruction of families is at the core of the American creation and it continues.
Beginning with the destruction of Native civilizations and the “Trail of Tears;” the brutal 300 year enslavement of Africans in America; and 100 years of Jim Crow segregation that saw the introduction of an unjust and corrupt system of convict leasing where tens of thousands of African Americans were arbitrarily arrested, hit with outrageous fines, and charged for the costs of their arrest. This corrupt system poured millions of dollars into southern government treasuries (read Douglass A. Blackmon’s, “Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II”).
This destruction of families and communities continues today through the mass incarceration of black and brown people, as Professor Michelle Alexander powerfully depicts in her book, “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.” Professor Alexander writes, “Prisons are big business and have become deeply entrenched in America’s and political system. Rich and powerful people…are deeply interested in expanding the market—increasing the supply of prisoners—not eliminating the pool of people who can be held captive for a profit.”
No other nation has done more or that does more to destroy the lives of individuals, families, and children, especially if you are red, black, brown, and poor for the sake of profit. This destruction of families is at the core of the American creation and it continues.
Beginning with the destruction of Native civilizations and the “Trail of Tears;” the brutal 300 year enslavement of Africans in America; and 100 years of Jim Crow segregation that saw the introduction of an unjust and corrupt system of convict leasing where tens of thousands of African Americans were arbitrarily arrested, hit with outrageous fines, and charged for the costs of their arrest. This corrupt system poured millions of dollars into southern government treasuries (read Douglass A. Blackmon’s, “Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II”).
This destruction of families and communities continues today through the mass incarceration of black and brown people, as Professor Michelle Alexander powerfully depicts in her book, “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.” Professor Alexander writes, “Prisons are big business and have become deeply entrenched in America’s and political system. Rich and powerful people…are deeply interested in expanding the market—increasing the supply of prisoners—not eliminating the pool of people who can be held captive for a profit.”
The criminal justice system is so stacked against the poor it seems almost prissy to worry about bail. Indeed the whole concept of bail has been turned against all of us by aggressive prosecutors and compliant judges.
The only purpose of bail is to insure the appearance of the accused in court - period. It is not even for keeping dangerous people incarcerated awaiting trial - although a court can legitimately conclude that someone accused of heinous crime is a flight risk and deny bail.
The only purpose of bail is to insure the appearance of the accused in court - period. It is not even for keeping dangerous people incarcerated awaiting trial - although a court can legitimately conclude that someone accused of heinous crime is a flight risk and deny bail.
3
The ruling is one of the few rays of light in recent reporting. there is no resaon for jail in these situations. What's mor, as suggested in a past article, fines when assessed should be based upon income: the $150 fine for someone without enough income to pay for car repairs is overwhelming; for median income folks it is annoying; for high income offenders it is meaningless.
79
So what you're saying Cheryl is that the courts should be charged to apply financial penalties according to ones ability to pay rather than a uniform penalty for all? Who makes those decisions?
"fines when assessed should be based upon income"
Why? When people buy anything from a car to a loaf of bread the price is not dependent on their income, it is always the exact same price for everyone.
Why? When people buy anything from a car to a loaf of bread the price is not dependent on their income, it is always the exact same price for everyone.
1
The State of Alabama just gave Lou Saban a 3 year, $60 million contract for coaching University of Alabama football. In the Jim Crow era, Alabama didn't have enough money to comply with "separate but equal" but now they've plenty of money to pay the football coach enough money to bail out everyone being held for a crime south of Mason Dixon line.
93
Honestly Steve, one doesn't have anything to do with the other. Obviously college football is a major American value. Consumers don't have to pay tuition to any school which promotes the silliness.
The interest on this money alone - of course he can never ever spend enough to need the capital (he probably already has a house and never missed a meal) - could give him such pleasure if he did as you suggest; what a great man he would then be, to take care of he poor like that; wondeful idea.
1
This is news! Sanity.
Behold this day!
Behold this day!
30
Is there anything in the US that is not run purely for profit? In this case the offender did not have a valid license. Ends up in jail? Who in this case is the victim? What is the cost of collateral damage to peoples lives, and the cost of mopping said mess up?
As for the County Prosecutor "The county’s lawyer defended this policy by arguing that poor defendants — who are disproportionately black and Latino — stay in jail not because they can’t buy their way out but because they “want” to be there, especially “if it’s a cold week.” she/he should resign, lose his/her job, be reported to Lawyers ethics Committee, sanctioned. Vote that person out as soon as possible if you can - that person is supremely unfit to be any sort of lawyer with attitudes like that.
I was naive enough to think justice was blind - how wrong can one be?
As for the County Prosecutor "The county’s lawyer defended this policy by arguing that poor defendants — who are disproportionately black and Latino — stay in jail not because they can’t buy their way out but because they “want” to be there, especially “if it’s a cold week.” she/he should resign, lose his/her job, be reported to Lawyers ethics Committee, sanctioned. Vote that person out as soon as possible if you can - that person is supremely unfit to be any sort of lawyer with attitudes like that.
I was naive enough to think justice was blind - how wrong can one be?
149
If it is in fact true that there are people who would rather be in jail than out on the street in the cold, then there should be enough beds in hostels for people to 'come in out of the cold'. Poverty is grinding; having to make choices like feed the children or get a driving licence, forces the poor into difficult situations. This lawyer should use his position to set this situation right in a 'good samaritan' way - not to lock up someone in this position. I lived for a while on very very little money, and believe me it's not easy. Potatoes. That was it.
Jurisdictions don't make money off law enforcement. Virtually all police departments, except a few speed-trap towns with one or two officers, operate at huge losses. Bail money is returned when the people who pay them show up for court. One of the arguments against the cash bail system is the expense of incarcerating prisoners who can't pay while they wait for their hearings. Only bail bondsmen who put up bail money for a fee, make money off the system.
This person driving without a license , you think she has auto insurance. What if she wrecks your car and life, leaving you disabled? What will you do???
3
These humiliating short stays embarrass and haunt the wrongly interned. They lose jobs, lodging, establishment and relationships, because at the moment they cannot make bail. Then for the millionth time, a cop murders a young Black man, now caught on camera where before the iPhone the cops were always innocent-feeling threatened. But this newspaper even today taunts France on its woes as we are perfect. We routinely punish the poor, sending them off to war, read todays segment on VietNam '67. Everyone is a flag-waver to this great nation of ours. The NSA, murderous cops. My father fought for this country in the big one. I would not today. Paris looks really nice.
26
Many of us including those writing in the NYT see this country's past and present flaws clearly and are not afraid to point them out. Blind patriotism is taught from an early age and with many it sticks despite the ugly facts. Mark Twain once said that, “Travel is fatal to prejudice, bigotry, and narrow-mindedness.” yet only 1/3 of Americans have a passport. There are just not quite enough of us it seems.
Is there anything about your system that is not broken? Healthcare, mass incarceration, policing, water quality, pay-for-play politics, religion setting school curricula, total division between your citizens?
I can't read this anymore.
I can't read this anymore.
196
To quote Deep Throat, "Follow the money."
yeah you gotta wonder why we fought to keep these folks in the union.
I wish I could like your comment a hundred times. American Exceptionalism died long ago.
1
The first person I bailed out of jail was the boyfriend of a woman who came to the soup kitchen where I volunteered. It was winter in Orange County, NY, and he had shoplifted a $5 pair of mittens. He'd spent three days in jail because she couldn't get the $100 bail for him. He lost three days of work shoveling snow.
87
Here's to Texas.
Leading the way in prison reform and fairness.
Leading the way in prison reform and fairness.
24
It's not just Texas. It a nationwide problem. A similar lawsuit is underway in San Francisco.
God bless Lee Rosenthal.
I once spent a day and a half in jail here in San Francisco. The infamous county lock-up at 850 Bryant Street.
Most of the guys who talked with me about it were there because they couldn't make bail. And what's worse....most of them got there for FTA (failure to appear) of one sort or another. That means that we taxpayers were putting these guys back into custody at our expense - again, without a new offense having been committed.
I don't know what a better answer is, but I do know this isn't a system designed for success. Probably it's a system built to minimize the cost of warehousing repeat offenders rather than rehabilitation.
I do know that it's possible to get a fresh, hot pollo asado burrito at 9:30 on a thursday night, in a supposedly locked-down secure facility in one of the major cities in this country. I just don't know how the guy who shared it with me got it. A guy who had never met me before and spoke less English than I speak Spanish. So hey - Uvaldo, wherever you are, Gracias Amigo!
Most of the guys who talked with me about it were there because they couldn't make bail. And what's worse....most of them got there for FTA (failure to appear) of one sort or another. That means that we taxpayers were putting these guys back into custody at our expense - again, without a new offense having been committed.
I don't know what a better answer is, but I do know this isn't a system designed for success. Probably it's a system built to minimize the cost of warehousing repeat offenders rather than rehabilitation.
I do know that it's possible to get a fresh, hot pollo asado burrito at 9:30 on a thursday night, in a supposedly locked-down secure facility in one of the major cities in this country. I just don't know how the guy who shared it with me got it. A guy who had never met me before and spoke less English than I speak Spanish. So hey - Uvaldo, wherever you are, Gracias Amigo!
32
God Bless Judge Rosenthal. Long life.
72
Righteous editorial. We keep too many people in jail awaiting trail.
Steve
Steve
Yet one more salvo in the ever-increasing war on the poor. The US should replace 'In God We Trust' on the money with 'You better have a ton of these'
Yea!
8
Where is justice; where has the law required when the penalty for breaking
any law demands that a [poor mother who struggles to survive or even a beggar who is mentally ill must go to jail.
This is the equivalent to a workhouse for the poor who cannot survive.
Where is the concept of lifting up our poor, our suffering ....Liberty is in
a sad state and she weeps for those now oppressed by tyrants like those
who have turned their backs on our original ethic of justice for all.
Justice is now the oppressor who makes indigent humans
the slaves of society.
We are fast becoming slaves of tyrants......and our republic is simply a hollow
shell of what had been a free society. What would Abraham Lincoln resolve
to do....
any law demands that a [poor mother who struggles to survive or even a beggar who is mentally ill must go to jail.
This is the equivalent to a workhouse for the poor who cannot survive.
Where is the concept of lifting up our poor, our suffering ....Liberty is in
a sad state and she weeps for those now oppressed by tyrants like those
who have turned their backs on our original ethic of justice for all.
Justice is now the oppressor who makes indigent humans
the slaves of society.
We are fast becoming slaves of tyrants......and our republic is simply a hollow
shell of what had been a free society. What would Abraham Lincoln resolve
to do....
It's terrifying to be a poor person in this country today. Get into minor legal trouble and end up in jail. Get a little behind in payments and end up homeless. Get sick and end up dead. There is no justice without economic justice.
193
If only there was a way to not be poor in America!
1
What a disgusting practice. What is wrong with America?
54
What is wrong is that we've lost our collective soul.
1
Conservatives.
1
Debtor's prison.
58
Once again we have a "follow the money" scenario. This onerous process, which as indicated often destroys an individual's life for a relatively minor offense, is another case of "screw the poor people, just increase my profits."
Thankfully there are still a few people like Judge Rosenthal who are not interested in helping the robber barons increase their bottom line at the expense of individual freedom and decency. We could use a few more like her - not just on the bench, but in the US Congress and in state legislatures around the nation.
Thankfully there are still a few people like Judge Rosenthal who are not interested in helping the robber barons increase their bottom line at the expense of individual freedom and decency. We could use a few more like her - not just on the bench, but in the US Congress and in state legislatures around the nation.
115
Although I no longer live in Houston, I will always be a fan of Judge Rosenthal, a voice of reason, kindness and humanity among the mean, small and hateful conservatives of Texas.
78
Conspiracy theories are tiresome, and here collapse under their own weight, and of course we have a three-hankie sob story to make policy
When arrested you get a court date; to encourage appearance on that date, you can be released on recognizance, or put up money, to be forfeit, if you don't show, or borrow the money, @ 10% from a service, surety that you will come back
Here, $2500 bail was $250 @ 10%
=
The question before America, via the courts, is, how do we get people to come back for their, um, day in court, assuming we enforce our laws
=
We have algorithms for flight risk: severity of the crime, roots in the community, prior bad acts, others
=
NYT editors write: " even though she posed no risk of skipping town or endangering anyone if she were released."
Only if NYT has a pipeline to God do they know this, not a flight or harm risk
=
"The real explanation is straightforward: As cash bail has fueled a politically influential, multibillion-dollar industry, courts are relying on it more, and people who can’t afford it are getting locked up at ever greater rates."
This is nonsense:
People who don't make bail don't fuel this industry; and keeping people in jail incurs costs, some $25k/year
From the decision: "Sheriff Ed Gonzalez, defendant, testified for Plaintiffs, .. waste of taxpayer money to keep people like the plaintiffs in jail solely because they cannot afford to obtain a bail bond. "
Try some actual reporting, eg no-show rates: we will find out soon enough
When arrested you get a court date; to encourage appearance on that date, you can be released on recognizance, or put up money, to be forfeit, if you don't show, or borrow the money, @ 10% from a service, surety that you will come back
Here, $2500 bail was $250 @ 10%
=
The question before America, via the courts, is, how do we get people to come back for their, um, day in court, assuming we enforce our laws
=
We have algorithms for flight risk: severity of the crime, roots in the community, prior bad acts, others
=
NYT editors write: " even though she posed no risk of skipping town or endangering anyone if she were released."
Only if NYT has a pipeline to God do they know this, not a flight or harm risk
=
"The real explanation is straightforward: As cash bail has fueled a politically influential, multibillion-dollar industry, courts are relying on it more, and people who can’t afford it are getting locked up at ever greater rates."
This is nonsense:
People who don't make bail don't fuel this industry; and keeping people in jail incurs costs, some $25k/year
From the decision: "Sheriff Ed Gonzalez, defendant, testified for Plaintiffs, .. waste of taxpayer money to keep people like the plaintiffs in jail solely because they cannot afford to obtain a bail bond. "
Try some actual reporting, eg no-show rates: we will find out soon enough
8
Yes. the for profit jail industry wants people to be in jail. Please start reading and paying attention. $250 is alot of money for someone who makes minimum wage of 9ish dollars. That's almost a a week of work (after taxes) or at least 3/4's.
I volunteer at our country jail. I know some folks who actually do not have $250. Really, there are people for whom $250 would seem like riches.
And even I wouldn't be able to come up with $250 just like that if I had to.
Imagine that, Fortress old buddy.
And even I wouldn't be able to come up with $250 just like that if I had to.
Imagine that, Fortress old buddy.
1
Is it possible that the county is better served by gambling on that 25K being spent elsewhere?
It will be worse under Trump. We are only cattle and chattel, to he and his fat cat cabinet.
23
Wife beaters without money should go free too, right? This is a stupid idea.
5
No, it's a brilliant idea. Wife beaters obviously pose a danger, but someone with an expired inspection sticker or lack of proper ID do not. Don't you see the difference?
Remember Hooey, folks are innocent until proven guilty. We're talking about bail here, not who deserves to be imprisoned.
Please reread the editorial. It says that in New Jersey bail has been replaced by an assessment that includes flight risk and danger to the community. No, it is not likely that a poor wife beater would be released to the community.
Profiting from people's misery- hasn't this become the "American way?" Isn't this the basis of our for-profit health insurance industry? If the poor are adversely affected, isn't it because they "deserve" it for all the bad choices they make?
21
Thank you for putting this in front of the public eye. I grew up in a nation that told me to believe I would be treated the same as everyone else. I believed it for years. Now I know I will not be treated the same when it comes to access to credit, punishment for crimes, education, a run for political office, or even cashing my own pay check (those sweeping risk algorithms are used overwhelmingly to ravage the poor and deny them services more often than to set them on an equal footing--especially in banking). The ladder isn't just missing steps any longer--the side rails have completely fallen away. I don't even trust most of the judiciary any longer. Poverty shouldn't be a cattle-brand it is simply a lack of comparable resources for companies to deplete.
64
This is the teeny tip of the iceberg.
What about the hefty bail for felonies, that the wealthy alleged felons can cough up with ease...
And what about the talented and expensive defense lawyers for the wealthy, when those provided by the court for the poor are overloaded, overworked and, frequently, not very good.
We have long known that the legal system is set up for the wealthy, and to pick on bail for misdemeanors is to emphasize one of the smaller inequities of the system.
What about the hefty bail for felonies, that the wealthy alleged felons can cough up with ease...
And what about the talented and expensive defense lawyers for the wealthy, when those provided by the court for the poor are overloaded, overworked and, frequently, not very good.
We have long known that the legal system is set up for the wealthy, and to pick on bail for misdemeanors is to emphasize one of the smaller inequities of the system.
27
Those without financial means don't face a justice system so much as they face a caste system.
71
From the article: "The county’s lawyer defended this policy by arguing that poor defendants — who are disproportionately black and Latino — stay in jail not because they can’t buy their way out but because they “want” to be there, especially “if it’s a cold week.”
I believe it's time the local Bar Association and its disciplinary committee held a hearing to determine this attorney's fitness to hold a law license. I know what my first phone call will be about on Monday along with some questions to the local press as to how this county attorney continues to remain in the employ of Harris County, home of the great city of Houston.
I believe it's time the local Bar Association and its disciplinary committee held a hearing to determine this attorney's fitness to hold a law license. I know what my first phone call will be about on Monday along with some questions to the local press as to how this county attorney continues to remain in the employ of Harris County, home of the great city of Houston.
I'm sure our Department of Justice under Attorney General Sessions will make short work of this ray of sunshine.
From Kurt Vonnegut: 'It ain’t no disgrace to be poor, but it might as well be.' It is in fact a crime for an American to be poor, even though America is a nation of poor. Every other nation has folk traditions of men who were poor but extremely wise and virtuous, and therefore more estimable than anyone with power and gold. No such tales are told by the American poor. They mock themselves and glorify their betters. The meanest eating or drinking establishment, owned by a man who is himself poor, is very likely to have a sign on its wall asking this cruel question: 'if you’re so smart, why ain’t you rich?' ". The American attitude toward poverty is a moral failing. It may not be criminal to be poor but the poor are treated as criminals and made to feel as such.
69
If this ruling does not scream for reform of criminal justice system, the criminal justice system doesn't need to be reformed. How about ankle bracelets until their case gets on the docket and gets heard?
1
I am a white guy living in a black neighborhood. My friend across the hall, a black fellow in his late fifties, receives SSI disability, about $650/mo. as do many in the neighborhood. His rent is paid directly by the SS Administration.
He was pinched awhile back on a trespassing charge. He and his friends were lounging on the porch of a condemned house, when the blue team arrived and wrote them up. He received a summons, and was eventually fined $250. Said fine was deducted from his SSI monthly. He never saw the dough.
This leads me to believe that the SSI payments, besides housing these gents, also is designed to ensure their good, or at least legal, behavior.
It works.
Disability? That's a joke, a joke on those who pay Social Security taxes.
He was pinched awhile back on a trespassing charge. He and his friends were lounging on the porch of a condemned house, when the blue team arrived and wrote them up. He received a summons, and was eventually fined $250. Said fine was deducted from his SSI monthly. He never saw the dough.
This leads me to believe that the SSI payments, besides housing these gents, also is designed to ensure their good, or at least legal, behavior.
It works.
Disability? That's a joke, a joke on those who pay Social Security taxes.
Wouldn't it be better to let petty criminals out without bail in the hope that they leave the county?
To a great extent, the bail system is a racket, used to extort guilty pleas, undercut the ability of defendants to prepare a defense, enrich the bail industry, provide job security to the jail establishment, expand the power of police to intimidate, and provide unnecessary cover for the rear-ends of judges and prosecutors against the mere possibility that the defendant will flee. The result has been the destruction of tens of thousands of lives, each year, of people charged with minor offenses.
If the same standards were used in determining whether a person should be a judge or prosecutor or police officer, how many would overcome the "might possibly" test?
Federal Judge Lee Rosenthal should be commended for taking the lead in the effort to expose the lack of justification for the bail system as presently administered.
If the same standards were used in determining whether a person should be a judge or prosecutor or police officer, how many would overcome the "might possibly" test?
Federal Judge Lee Rosenthal should be commended for taking the lead in the effort to expose the lack of justification for the bail system as presently administered.
17
Bail should be reserved for violent crimes. Some states actually use a scorecard approach when deciding bail which is a fair and balanced approach. Unfortunately America likes to lock up its citizens especially if they have the misfortune of being poor. Bail in its current use is just another form of debtors prison.
4
This is a great decision. It is hard to imagine this kind of severity for a misdemeanor, and we ask if Ms ODonnell had a prior record of offenses such as this?
But even so, jail time for driving without a license seems grossly excessive.
The whole system needs reworking, and maybe this represents a start.
But even so, jail time for driving without a license seems grossly excessive.
The whole system needs reworking, and maybe this represents a start.
10
This is one of the major examples of what I call "the poor tax". Others include high interest rates on credit and debit cards, fees to cash paychecks, fees to re-connect utilities, usurious interest when pawning valuables, etc.
I work with many hard-working, low wage citizens that although they work as steadily as the weather and local economy allow, are living paycheck to paycheck. The answer ? How about massive infrastructure spending instead of wasteful military spending. Medicare for all and a decent federal minimum wage.
I work with many hard-working, low wage citizens that although they work as steadily as the weather and local economy allow, are living paycheck to paycheck. The answer ? How about massive infrastructure spending instead of wasteful military spending. Medicare for all and a decent federal minimum wage.
132
The next step should be banning commercial bail bonding in those states where it is still legal. The practice discriminates against the poor and middle class and does nothing to make the rest of us any safer.
4
Most law abiding citizens who do not encounter our law enforcement system do not know what is described in this article. It seems in a land freedom and liberty, we have become a police state, particularly to the discriminated class. In comparison to the judiciary system in countries like Sweden or Norway, we are barbaric and cruel.
9
This ruling is beside the point. Incarceration and physics arrest should never be an option for an administrative offense like driving without a license. Caging a human being is a degrading and extreme act that has somehow become normalized in modern America. It should be reserved only for those who pose an immediate danger to the well being of others through demonstrated intent to do bodily harm.
15
A solution is obvious based in the Presumption of Innocence. If a person is held without bail for some number of days without reasonable risk of endangerment or flight to avoid trial, then the governing body which incarcerates them must reimburse unless they are convicted. Compensation shall consist of the greater of lost income and reasonable expenses such as day care or $10/hour for every hour held.
The point of such compensation would be to hold those who incarcerate liable for causeless detention so as to strongly discourage such action. Otherwise it can constitute pre-trial punishment for the poor, and even those who post bond find that the cost of bail bondsmen is a punishment.
The point of such compensation would be to hold those who incarcerate liable for causeless detention so as to strongly discourage such action. Otherwise it can constitute pre-trial punishment for the poor, and even those who post bond find that the cost of bail bondsmen is a punishment.
5
There is no question that the justice system in America is profoundly broken. We have an injustice system, not a justice system. How America became a gulag society is easy to understand; it's all about money and greed. A $100 traffic ticket ends up costing $400 or more because of all the added fees added by the court. And, as the story explains, it is the poor and powerless who end up abused by the system that was supposed to protect them.
Much as in Dickens day, the poor are thrown into jail for the simple fact that they are poor - in reality, America now has its own debtors prisons - and most judges simply do not care. They earn good salaries at public expense and get to go home at night; why should they worry about the misery and wretchedness they leave behind?
Much as in Dickens day, the poor are thrown into jail for the simple fact that they are poor - in reality, America now has its own debtors prisons - and most judges simply do not care. They earn good salaries at public expense and get to go home at night; why should they worry about the misery and wretchedness they leave behind?
7
Bail...it's all about the money. In far too many municipalities and counties bail money is a revenue stream that keeps giving year after year, while residents are incarcerated and warehoused in jails over minor infractions of the law simply because they are poor.
Bail in America is a poor tax. It not only imposes a huge unnecessary financial burden on the individual but it also effects the defendant' family and workplace.
And it's not just local governments that are stuffing their pockets with bail money; it now often involves Third-party contracted corporations that are hired to collect and manage installment programs for fines and costs that get added onto the original ticket amount.
No, bail is not simply a way to guarantee the defendant shows up in court, it's a big business!
Bail in America is a poor tax. It not only imposes a huge unnecessary financial burden on the individual but it also effects the defendant' family and workplace.
And it's not just local governments that are stuffing their pockets with bail money; it now often involves Third-party contracted corporations that are hired to collect and manage installment programs for fines and costs that get added onto the original ticket amount.
No, bail is not simply a way to guarantee the defendant shows up in court, it's a big business!
16
NJ has it right. Just make sure the State has contact, via EMail, Telephone or personal contact to make sure they are abiding by their ways of the terms that they were let out on and to make sure they are attempting to get their lives back in order after their misdirections. It is a more positive way of future misdirections.
1
Cash bail forms part of a broader system of shifting the costs of the criminal justice system onto defendants, most of whom lack the resources to bear the cost. Eighty percent of defendants can't afford to pay a lawyer, so they have to rely on court-appointed attorneys. In 43 states, the defendant has to pay part of the fees awarded these attorneys, and in many cases failure to satisfy this obligation constitutes a crime. (See John Pfaff, "Locked In")
So much for equal justice for all.
So much for equal justice for all.
4
I don't recall who said it first, but the war on poverty has shifted to a war on poor people. We've created a for-profit prison system that demands to be fed; filling up local jails with broken tail light offenders is one way to create demand for commercial prison beds. Imposing big bail requirements for little offenses is simply a grace note. A disproportionate effect on minorities is simply a disgrace.
This ruling needs to spread rapidly and end the practice. We all want truly bad people to be in jail, but funding law enforcement, courts and jails with spite money is not only unconstitutional, it's also counterproductive.
This ruling needs to spread rapidly and end the practice. We all want truly bad people to be in jail, but funding law enforcement, courts and jails with spite money is not only unconstitutional, it's also counterproductive.
3
I'd like to believe that this ruling will actually lead to lasting changes that include the elimination of cash bail that is part of the justice-for-sale system; however, I see little hope for optimism. There are so many areas of our so called justice system that are corrupt. Asset forfeiture has legalized the taking of cash, entire bank account balances, material possessions and even real estate by law enforcement & government agents at the local, state and federal levels requiring nothing more than an unfounded allegation that they believe the assets are somehow related to a crime. I think a big part of the problem is that much of the justice system now operates in ways that are so fundamentally un-American that people who don't have contact with that system personally or through relatives just can't believe how corrupted it has become. In short, such injustices as the cash-bail system, asset forfeiture, the failed war-on-drugs (war-on-people) and mass incarceration itself all continue because there are so many people who profit from their continuation. Some profit handsomely but for most the profit is just having a job. These systems flourish because so many groups including politicians, judges, police, bail bondsmen (insurance companies), prison guard unions, prison services companies, prosecutors AND defense attorneys all have an interest in keeping them going. Even incumbent governments profit from the PR as they claim successes while the taxpayers are defrauded.
7
Any chance Mr. Jeff Sessions will lift a finger to address this? Quite the opposite.
Wow, perfectly said. Of course, we need a justice system to deal with criminals, but taking money from people to feed the system has grown out of all proportion.
It's easy to do polictally because who cares about someone who has been arrested? Money, money, money. The older I become the more it becomes so obvious that's what keeps keeps everything spinning. It's like a sickness.
It's easy to do polictally because who cares about someone who has been arrested? Money, money, money. The older I become the more it becomes so obvious that's what keeps keeps everything spinning. It's like a sickness.
This is the best news I've read in weeks. Tens of thousands of inmates are in this position. I'd love to learn how the ruling will be implemented at local levels. It's a much needed correction to a cruel practice. Judges set bail as though everyone were middle class, had a family, friends, credit, a savings account. For most people reading this $500 is a symbolic bail that doesn't really hamper them. I'm a county jail volunteer who has literally had clients serving 9 and 12 months locked up pre trial because they have as much access to $500 as they do $500,000. That's right $500. And as the article says, many more who pleaded guilty to avoid the time.
15
In my seven plus years of representing indigent clients in criminal matters, I did not encounter a single instance in which a person actially wanted to await trial in jail - not one single person among hundreds. To blithely say a defendant would prefer incarceration to obtain free heat, food, facilities, etc. demonstrates the worst sort of patronizing, ignorant discriminatory bias for which our our legal system is infamous. The only valid purpose for requiring bail as a condition of pretrial release is to ensure a defendant's appearance in court. In reality, the vast majority need only give their word, and get a reminder call from counsel a day or two beforehand to attend their hearings.
With overcrowded jails being a major problem, do we really want to hold people pending resolution of the most minor of cases? Besides the costs to jail these defendants, incaceration causes them to lose their work/jobs. This in turn increases the burden on all manner of social services necessary to support the individual and his/her family throughout the case to resolution, and sometimes beyond.
Far better to have an occasional failure to appear than to lock up those presumed innocent. Can we afford to ignore fundamental fairness for the poor forever?
With overcrowded jails being a major problem, do we really want to hold people pending resolution of the most minor of cases? Besides the costs to jail these defendants, incaceration causes them to lose their work/jobs. This in turn increases the burden on all manner of social services necessary to support the individual and his/her family throughout the case to resolution, and sometimes beyond.
Far better to have an occasional failure to appear than to lock up those presumed innocent. Can we afford to ignore fundamental fairness for the poor forever?
115
Seems like we do want to lock up more Americans for the profit of a few. Jeff Sessions is moving to add lots of private prison capacity to the Federal Judicial system to lock up illegals, people who laugh at him and who else, hmmm? More prisons are an essential part of the Trump/Sessions/Bannon plan for the American future.
Have you noticed their (and the State's) efforts to criminalize dissent. They're going to need all those KZ's to control America.
Have you noticed their (and the State's) efforts to criminalize dissent. They're going to need all those KZ's to control America.
Anyone involved in the justice system--I'm speaking of those employed in the system as well as defendants--sees so many egregious practices on a daily basis that you slowly give up hope of even small, common sense improvements. At Rikers people were held days, weeks, months because they couldn't post even a $1 bail (and no, they had no one to post it for them). Whatever else this judge does in her life, she deserves a gold star and a front row seat. God bless her.
5
I am beginning to be disgusted, ashamed and embarrassed by my country's treatment of the poor and people who are not white. What is going on with my fellow citizens! Have we lost all sense of compassion and decency? Why do we need the court to tell us that an unfair treatment is wrong?
13
It was really a welcoming gesture from Judge Rosenthal of Harris County, Texas, to declare that the repulsive practice of of putting a poor person in jail for longer period of time especially when they're either Blacks or Latinos for not coming up with the very high amounts of bail money,is totally unconstitutional.
But with this administration of Trump and A.G. Jeff Sessions, who himself has broken the law under perjury at his confirmation hearing in the Senate saying he was a never Trump Campaign surrogate and never met the Russian Ambassador, any kind of reforms in our criminal justice system will be totally impossible.
These two very racist individuals who were handed over our country's reign by some very stupid electorates only because our F.B.I. Director never told the citizens like us even before a day of the election that there was a very active investigation going on against many members of the Trump campaign because of their unquestionably proven conspiracy to get the Russian Intelligence Services' help to make Trump win.
But on the contrary he had no hesitation to announce the finding of a inconsequential laptop from the ex-husband of Hillary's personal aide, just 10 days before the election to destroy Hillary's campaign completely with just one devastating email to the Republican Senators in Congress.
So as far as reforming our criminal justice system under a president who is directly involved with the private prison industry,let's not even dream about it.
But with this administration of Trump and A.G. Jeff Sessions, who himself has broken the law under perjury at his confirmation hearing in the Senate saying he was a never Trump Campaign surrogate and never met the Russian Ambassador, any kind of reforms in our criminal justice system will be totally impossible.
These two very racist individuals who were handed over our country's reign by some very stupid electorates only because our F.B.I. Director never told the citizens like us even before a day of the election that there was a very active investigation going on against many members of the Trump campaign because of their unquestionably proven conspiracy to get the Russian Intelligence Services' help to make Trump win.
But on the contrary he had no hesitation to announce the finding of a inconsequential laptop from the ex-husband of Hillary's personal aide, just 10 days before the election to destroy Hillary's campaign completely with just one devastating email to the Republican Senators in Congress.
So as far as reforming our criminal justice system under a president who is directly involved with the private prison industry,let's not even dream about it.
That little difference between the rich and the rest of us is that they never go to jail hardly ever, for anything, even murder. How many millionaires are there in prison? In this country it is a crime alone just to be poor.
5
By this argument, poor people should be exempt from all bills private or public. It's inconvenient and a strain on them and that's unfair to ask of them what rich people do with ease. This argument and all who supporter it, is why we have Trump as our President.
1
Correct
She broke the law!
Next.
She broke the law!
Next.
It's barbaric, severe, cruel and most likely galvanizing momentum toward extreme cruelty under Trump. The Poor get Prison and the rich get richer-- !America the Beautiful
1
Geez, I walk around confident that if I accidentally drove with an expired license I'd chat up the officer, and get a citation. Then head off to wherever I was going.
Bail for people who can't afford it causes intense stress with only negative effects. A minor violation requires no bail. Most of these people have no will or ability to run, and if they did, no matter. The law will catch up over time.
Bail for people who can't afford it causes intense stress with only negative effects. A minor violation requires no bail. Most of these people have no will or ability to run, and if they did, no matter. The law will catch up over time.
2
Ever year our "too big to fail" banks and financial houses pay hundreds of millions of dollars in fines to the federal government for ethics violations or other fraudulent activity- and nobody ever goes to jail. I have long advocated that a percentage of their fine should be set aside and used as a legal defense fund for the poor. Let the ACLU or NAACP or whomever administer it- so people with limited income [like Miranda Lynn] won't be locked up simply because they can't make bail. Let the bank execs- who should be in jail- at least pay to release someone who shouldn't be..
I agree but the real kicker is that when the banks pay those fines of hundreds of millions -- while admitting no wrong doing -- it really is the bank, not the bankers, paying. Not only are those who commit the crimes never even personally charged will anything, they are then allowed to pay the fines out of the corporation's (shareholder's) money.
Thank god for a compassionate/rational judge as Rosenthal. It gives me hope that equality is still within reach.
1
Between locking people up simply because they are too poor to pay the government-sponsored extortion - excuse me, "bail", the legalized theft of "civil forfeiture," and courts like those in Nelson v. Colorado that think the government can keep your money even if you are exonerated, is it any wonder that people think government is the enemy?
4
Add this to the list of the things I would never have expected to see in the United States of America. Criminalizing minor infractions, unjustifiable and injurious bail conditions and overcharging by the authorities in general are all despicable acts which hurt poor people more than others, as this piece correctly points out, but it is getting so bad lately that even the well to do are beginning to feel the weight.
Does anyone think the insurance giants who back the bail bond "industry" have little or no culpability? Despicable, dehumanizing, greedy and repulsive, sure, but some people in some businesses have no problem with blood money.
Does anyone think the insurance giants who back the bail bond "industry" have little or no culpability? Despicable, dehumanizing, greedy and repulsive, sure, but some people in some businesses have no problem with blood money.
4
"The cash-bail....is a morally tainted enterprise that systematically violates the constitutional rights of America’s most vulnerable citizens in the name of profit — and with no discernible benefit to the public.". Indeed. And the same can be said about the legal loan sharks, otherwise known as pay day lenders.
Both have large lobby activities, and in some cases, both, the bail bond companies and the loan sharks, are intertwined with our elected officials who also write laws that regulate, or not, those industries.
Now, if we could get rid of that other predatory cash cow-forfeiture of assets with no proof of guilt.
Both have large lobby activities, and in some cases, both, the bail bond companies and the loan sharks, are intertwined with our elected officials who also write laws that regulate, or not, those industries.
Now, if we could get rid of that other predatory cash cow-forfeiture of assets with no proof of guilt.
The poor have to labour in the face of the majestic equality of the law, which forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.
Anatole France
Anatole France
1
An editorial on financial bail that does not take note of the Constitutional changes New Mexico made by a seven-to-one margin last year seems to be another example of the Acela Axis' obliviousness to most of America. As the ballot measure read, "A person who is not detainable on grounds of dangerousness nor a flight risk in the absence of bond and is otherwise eligible for bail shall not be detained solely because of financial inability to post a money or property bond."
2
Charles Dickens meet Slim Pickens. Debtor's prisons haven't been thought to be a moral alternative since Nicholas Nickelby. Texans should be able to point to more advanced methods of incarceration than one's quoted in "A Christmas Carol". Besides being wrong, it's been wrong for centuries now.
2
The poor get the short end of the stick in a number of ways, including in the following three cases, which are the most conspicuous:
• Yes, they get locked up because they don’t have enough cash for bail.
• But they are also getting increasingly disenfranchised because they don’t possess hard-to-obtain identification documents to vote.
• And now, they are getting stripped of their Medicaid coverage because rich people have a more pressing need for tax cuts.
While the NY Times Editorial Board clearly indicts the cash-bail industry in the first instance, it’s Congress that is guilty of being “a morally tainted enterprise that systematically violates the constitutional rights of America’s most vulnerable citizens in the name of profit” in all of the three cases cited above.
Poverty is a primary failing of our democracy and the Republican-led Congress is responsible for making it worse, instead of alleviating it.
• Yes, they get locked up because they don’t have enough cash for bail.
• But they are also getting increasingly disenfranchised because they don’t possess hard-to-obtain identification documents to vote.
• And now, they are getting stripped of their Medicaid coverage because rich people have a more pressing need for tax cuts.
While the NY Times Editorial Board clearly indicts the cash-bail industry in the first instance, it’s Congress that is guilty of being “a morally tainted enterprise that systematically violates the constitutional rights of America’s most vulnerable citizens in the name of profit” in all of the three cases cited above.
Poverty is a primary failing of our democracy and the Republican-led Congress is responsible for making it worse, instead of alleviating it.
4
Not only does this destroy families, it destroys the economy. When people go to jail they lose their jobs. So no money being pumped into the economy. They get out of jail and then they can't find a job because no one wants to hire someone who was in jail. And when single Moms get locked up for jay walking, what about the kids? There are so many single Moms who are in difficult circumstances every day. I was one of them (my son's dead beat Dad left when he was 3). Luckily I survived.
3
I realize that some local jurisdictions have Veterans' Courts, which specialize incases of our Milirary Veterans who suffer certain medical or psychological problems that int4rfer--both with their everyday behavior,as well as the reansformation back to civilian like.
The mother in this instwsnce appears to hardly be a flight risk, or a danger to anyone else, including her young children. Wasn't their a Family Court or, perhaps, better yet--a Mommy Court?
https://thetruthoncommonsense.com
The mother in this instwsnce appears to hardly be a flight risk, or a danger to anyone else, including her young children. Wasn't their a Family Court or, perhaps, better yet--a Mommy Court?
https://thetruthoncommonsense.com
2
As a lawyer (and former federal court law clerk) I say Bravo, Judge Rosenthal!
5
Money makes the world go round. As always. When I think of young children being taken away in these bail cases I could throw up.
3
What drives these regressive practices is a close cousin to the prejudice that helped create the so-called health care reform the Republicans in the House just jammed through: a contempt for the poor and weak. It's that simple. And let's not forget that those perpetuating these policies are often the same ones continually reminding everyone how we are a "Christian" nation. Ha! That's a laugh. It's really just a brutal form of tribalism, as we see in some of the more perverted forms of Islam. In this version, those with power and wealth exercise their moral superiority by finding every "lawful" way of stepping on the necks of those less fortunate.
7
This is a disgusting situation and is only used because they can. Let's stop this abuse of the poor now!
3
Articles like this remind me that America's evil is very deeply rooted. It did not begin with Trump, Pence, Ryan, et al. They are just what you see when a tumor on vital organs finally breaks through the skin.
2
Fair justice demands that the nature and gravity of crime should be the prime consideration for the imprisonment rather the financial status of the accused.
56
Thank you, Judge Rosenthal. So grateful to you, you are my hero.
44
This is disingenuous.
Holding people in prison pre-trial is not an accident, it is the intent. Cash bail they cannot meet is not an accident, it is by design. If they could pay it, the bail would be set higher so they wouldn't.
Does anyone imagine courts are unaware of what they are doing? Really?
They justify it. They say there is no other way to get "these people" to trial, because they'd disappear. They say there is no other way to make victims safe (as if the victims are actually left in any semblance of safety).
A real motive is that they can't afford to do trials of all of them. They hold them pre-trial until they give in and plead guilty just to get out.
No, cash bail is not an accidental problem.
The Constitution's original Bill of Rights, 8th Amendment, says that "Excessive bail shall not be required." Well, it is. Routinely. By design.
The history of that Right is that In England, sheriffs originally determined whether to grant bail to criminal suspects. They tended to abuse their power. Technicalities in the law were exploited to keep the accused imprisoned without bail even where the offenses were bailable; such loopholes were for the most part closed by the Habeas Corpus Act 1679. Thereafter, judges were compelled to set bail, but they often required impracticable amounts. Finally, the English Bill of Rights (1689) held that "excessive bail ought not to be required."
All of those old English abuses go on today in our courts.
Holding people in prison pre-trial is not an accident, it is the intent. Cash bail they cannot meet is not an accident, it is by design. If they could pay it, the bail would be set higher so they wouldn't.
Does anyone imagine courts are unaware of what they are doing? Really?
They justify it. They say there is no other way to get "these people" to trial, because they'd disappear. They say there is no other way to make victims safe (as if the victims are actually left in any semblance of safety).
A real motive is that they can't afford to do trials of all of them. They hold them pre-trial until they give in and plead guilty just to get out.
No, cash bail is not an accidental problem.
The Constitution's original Bill of Rights, 8th Amendment, says that "Excessive bail shall not be required." Well, it is. Routinely. By design.
The history of that Right is that In England, sheriffs originally determined whether to grant bail to criminal suspects. They tended to abuse their power. Technicalities in the law were exploited to keep the accused imprisoned without bail even where the offenses were bailable; such loopholes were for the most part closed by the Habeas Corpus Act 1679. Thereafter, judges were compelled to set bail, but they often required impracticable amounts. Finally, the English Bill of Rights (1689) held that "excessive bail ought not to be required."
All of those old English abuses go on today in our courts.
192
Nailed it. Prosecutors lock people up to force plea bargains which pad their conviction rates and save them the cost of having to actually administer justice to those who can't afford it for themselves. This is, in fact, more expensive than just funding the justice system, but no matter. Politicians don't want to fund courts, but they'll always fund the cops, who are constantly glorified by cable TV's ever-expanding list of Cop Prop shows.
12
@Mark:
It's legalized hostage taking. Any plea-bargain obtained is extorted.
How many times have I read that conviction at trial results in imposition of a much longer prison sentence -- twenty, even thirty years -- unless defendants agree to "plead-out", to reduced charges. Long prison sentences are retaliation for not going along with the charade, for standing and fighting The System.
I recall a depressing story about an undercover detective from the Panhandle Regional Narcotics Task Force who ran amok in a small town named Tulia, Texas. Working unsupervised and alone he filed dozens of major drug trafficking cases against many uneducated unsophisticated residents. Swisher County prosecutors then terrified most into pleading guilty by threatening them with long prison sentences unless they surrendered. Most did, because their public defenders scarcely lifted a finger in their defense.
Post-conviction examination of this detective's case files revealed most to be empty. No video or audio surveillance evidence that documented the purported crimes was found, not even handwritten notes. Fifty poor black people living in a small Texas town had bern randomly singled out, arrested, overcharged, assigned bail so high that it marooned them in jail, then stampeded into state prison.
It's legalized hostage taking. Any plea-bargain obtained is extorted.
How many times have I read that conviction at trial results in imposition of a much longer prison sentence -- twenty, even thirty years -- unless defendants agree to "plead-out", to reduced charges. Long prison sentences are retaliation for not going along with the charade, for standing and fighting The System.
I recall a depressing story about an undercover detective from the Panhandle Regional Narcotics Task Force who ran amok in a small town named Tulia, Texas. Working unsupervised and alone he filed dozens of major drug trafficking cases against many uneducated unsophisticated residents. Swisher County prosecutors then terrified most into pleading guilty by threatening them with long prison sentences unless they surrendered. Most did, because their public defenders scarcely lifted a finger in their defense.
Post-conviction examination of this detective's case files revealed most to be empty. No video or audio surveillance evidence that documented the purported crimes was found, not even handwritten notes. Fifty poor black people living in a small Texas town had bern randomly singled out, arrested, overcharged, assigned bail so high that it marooned them in jail, then stampeded into state prison.
1
Grand Old Poverty gets Grand Old Punishment and Grand Old Prisons and America's Grand Old Puritans cheer wildly.
"At this festive season of the year, Mr Scrooge, ... it is more than usually desirable that we should make some slight provision for the Poor and destitute, who suffer greatly at the present time. Many thousands are in want of common necessaries; hundreds of thousands are in want of common comforts, sir."
"Are there no prisons?"
"Plenty of prisons, sir..."
"And the Union workhouses." demanded Scrooge. "Are they still in operation?"
"Both very busy, sir..."
"Those who are badly off must go there."
"Many can't go there; and many would rather die, sir."
"If they would rather die," said Scrooge, "they had better do it, and decrease the surplus population."
GOP 2017
"At this festive season of the year, Mr Scrooge, ... it is more than usually desirable that we should make some slight provision for the Poor and destitute, who suffer greatly at the present time. Many thousands are in want of common necessaries; hundreds of thousands are in want of common comforts, sir."
"Are there no prisons?"
"Plenty of prisons, sir..."
"And the Union workhouses." demanded Scrooge. "Are they still in operation?"
"Both very busy, sir..."
"Those who are badly off must go there."
"Many can't go there; and many would rather die, sir."
"If they would rather die," said Scrooge, "they had better do it, and decrease the surplus population."
GOP 2017
232
And yet Lee Rosenthal was appointed by a GOP President. Go figure.
Blind tribalism is wrong-headed no matter where you fall on the ideological spectrum. This practice is bipartisan, as much the product of Democrats who want to prove they're "tough on crime" by building a ton of prisons, locking up poor people (mostly of color), and executing the mentally disabled for political gain.
Blind tribalism is wrong-headed no matter where you fall on the ideological spectrum. This practice is bipartisan, as much the product of Democrats who want to prove they're "tough on crime" by building a ton of prisons, locking up poor people (mostly of color), and executing the mentally disabled for political gain.
1
S,
Whether you like it or not too many of us is what is driving Climate Change,
Whether you like it or not too many of us is what is driving Climate Change,
1
See Matthew 25:31-46 where Jesus Christ of Nazareth prefers the imprisoned, the poor, the sick, the hungry, the naked, the homeless the thirsty and the despairing as the most beloved promised their eternal reward in Heaven.
2
This perhaps is a question for Linda Greenhouse. Personally, when the alleged crime isn’t a violent one and the defendant has no prior record of violence or flight from prosecution, I’ve never really understood how a judge has any business setting bail and depriving someone of his or her liberty in the absence of a conviction for a crime. That a federal judge has now ruled the practice unconstitutional is a welcome occurrence – two centuries late.
But it’s not just local courts that in effect make you pay money if you’re unlucky enough or unwise enough to be involved with them even for minor infractions. Police forces do it with tickets (Bergen Cty, in NJ, currently sees ALL police authorities on the road recently and still – sheriff’s deputies, local town cops and state troopers, pulling people over and ticketing them. It’s as if someone tossed a stale donut under a car and half the force is dispatched to madly search out where it rolled.
The problem is that our taxes no longer can pay for what we demand in terms of a police presence, or courts, or even at a federal level our ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) – note recent developments involving scams perpetrated by ATF to fund basic operations. Bergen Cty is a special case, because it may be the most densely populated county in the U.S. – town after town, wall-to-wall – and every town has its own police force. But the issue has become pressing everywhere.
But it’s not just local courts that in effect make you pay money if you’re unlucky enough or unwise enough to be involved with them even for minor infractions. Police forces do it with tickets (Bergen Cty, in NJ, currently sees ALL police authorities on the road recently and still – sheriff’s deputies, local town cops and state troopers, pulling people over and ticketing them. It’s as if someone tossed a stale donut under a car and half the force is dispatched to madly search out where it rolled.
The problem is that our taxes no longer can pay for what we demand in terms of a police presence, or courts, or even at a federal level our ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) – note recent developments involving scams perpetrated by ATF to fund basic operations. Bergen Cty is a special case, because it may be the most densely populated county in the U.S. – town after town, wall-to-wall – and every town has its own police force. But the issue has become pressing everywhere.
65
Increasingly, taxes are consumed by social safety net expenditures at all levels, and basic services are being starved. So … you get cops scurrying around looking for stale donuts and someone to cite for littering to the tune of $500. Or you have a predatory cash bail system that helps fund our local courts.
We need to do away with predatory bail systems, but we also need to fundamentally re-think how we allocate public funds.
We need to do away with predatory bail systems, but we also need to fundamentally re-think how we allocate public funds.
35
I agree. We need to stop allocating pubic funds to tax reduction for the billionaire class. Much of our government revenue is already wasted in this way. The billionaires for the most part only waste and abuse their money anyway -- but more fundamentally, they have no right to as much as they have; they extract it as what economists call "rent", i.e., money obtained by essentially by controlling the market (a simplification, I admit), whether by political or monopoly or some other power.
65
New Jersey's budgets for public protection and law officers coming up short? Don't forget Gov. Chris Christie and administration officials settled the case against Exxon for not even pennies on the dollar--accepting a $225 million pollution settlement when the actual amount of environmental damage involved was $8.9 billion in claims which a judge had found ExxonMobil liable. Similarly, Christie "forgave" Trump's casino taxes tab--so that Trump only paid $5 million instead of the $30 million owed, in the case we know of. The big money isn't made in passing out tickets.
Read more at http://www.phillymag.com/news/2015/04/07/christies-exxon-deal-draws-crit...
Read more at http://www.phillymag.com/news/2015/04/07/christies-exxon-deal-draws-crit...
48
This practice is so inhumane, predatory and just morally ugly. The poor intentionally ruined by our system of 'justice'. What kind of a country are we? How did this even get started? Who came up with these laws?
259
We are a country that elected people who will deny the poor, disabled, elderly and sick health care. That has become abundantly clear to me, and I was always proud to be an American whose ancestors came here in 1700. Now, I am not so sure that I recognize this country.
3
The bigoted, racist rich, that's who. Who else?
Yes it is horrible, inhumane and morally ugly. It's been going on in the South for a long time. Since you're commenting here, I assume you know how to use a computer. Want to know how this "got started"? Google will tell you all about it; just type in what you want to know.
1
Everyone always talks about healthcare needing to be overhauled, changed, flipped and everything else; yet very little is being down about our incarceration system. This is a prime example of how twisted it really it. It it right up there with privately owned prisons, the war on drugs, the over flow of prisons, and the lack of rehabilitation within the system.
I truly think that would be a much harder fight than healthcare.
I truly think that would be a much harder fight than healthcare.
145
A truly despicable practice. When did America forget the words "And Justice For All"
203
We got rid of that when it was determined that for-profit prisons was good business courtesy of our politicians.
3
When did we ever actually have justice for all?
3
The US has never really lived up to "and justice for all". There have always been excepted classes, as in "except for slaves and Indians". Our country has been very creative in finding new excepted classes to replace the old ones, many of which are still excepted. Slaves are now Blacks. In other words, only the condition of servitude changed, not the target. Native Americans have always been and still are excepted. Catholics and Jews have been replaced today by Muslims, even though Jews are still despised and vilitied Italians and the Irish have been replaced by Mexicans and Arabs, but it's still the same old merry-go-round. Someone is always getting ... well, I can't use that word here. And the poor? They've never been very welcome in this country. Our Puritan ethic needlessly blames them for their fate.
5
Another devastating penalty that falls on the poor is the relatively large sum of money often required to release an impounded car. If you can't afford to release your car you lose it. Watch the old movie "The Bicycle Thief" to see how that might severely impact someone's life.
133
I used to live where car thefts were very common. Every time my car was stolen, I had to shell out $80/day to get it out of the impound lot when it was found. The thieves, of course, were never caught. And I kept wondering, "Why am I the one being punished when it was my car that was stolen?" Answer: Because it's easier to catch a sitting duck.
3
Thank God a Jewish Woman knew we are all Jews in the current state of American Law. I hope her lengthy reasoning is sound enough to stop the nation wide blackmail of defendants who are forced to plead guilty when they are innocent. Change always takes time.
56
Technically, it is not blackmail. It is extortion.
30
Change does not have to take time. It takes time to get get over a societal mistake, because we have difficulty owning up to it.
After the democrats retake control of the house and senate, wouldn't it be nice for them to hold a presidential vote of confidence as other countries do.
After the democrats retake control of the house and senate, wouldn't it be nice for them to hold a presidential vote of confidence as other countries do.
1
This will be remembered as a watershed moment in the complete elimination of America's archaic, cruel and as the article states, "morally tainted" money bail system.
89
Sue, I pray that you are right. With so many policies and practices in this country morally wrong, perhaps fixing one will be the tipping of all the dominoes.
1
I hope this ruling sticks; it's unconscionable how the "justice" system can utterly destroy a family because of a broken tail light, while those with means are able to get away with, well, murder.
334
Lori,
You are right. Neither of the Clinton's were ever prosecuted for any of their crimes. They both received a pass where you or I would have been arrested and tried.
You are right. Neither of the Clinton's were ever prosecuted for any of their crimes. They both received a pass where you or I would have been arrested and tried.
There is no reason to incarcerate such people. We have totally turned our thinking into a "jail is the solution" mentality.
119
Once we allowed our criminal justice system to be monetized, being poor became a crime in and of itself.
1
This situation is endemic across the southern states. In fact, Hoyt Axton wrote a song about it back in the 70's called "Speed Trap."
https://www.youtube.com/watch?v=jyul5c6UZNI
It's not a new problem and it's long past time to end it.