When I clerked for a judge many years ago, he said you could almost always conclude that a robber was guilty if he could afford bail and a high-priced defense lawyer.
14
The other piece of this is that the vast majority of poor people cannot afford bail also cannot afford representation. They languish--at taxpayer expense--in county jails for months, sometimes years, before they ever appear before a judge. By that time, they have lost their jobs and have become hard-core criminals. There simply aren't enough public defenders to provide their Constitutionally-guaranteed right to representation. Wouldn't it be less expensive for the "system" to hire more public defenders to work on these cases than to put people in jail awaiting trial? Some of them are indeed guilty, to be sure. However, if someone steals a few items from a convenience store, he or she is far less dangerous than someone who commits an armed robbery at the same convenience store, makes off with several thousand dollars while injuring the store clerk in the process. A person who's behind on his child support should not spend six months in county jail because he cannot afford an attorney. How ludicrous! He can't pay child support because he has a minimum-wage job, so put him in jail where he loses his job. Talk about Catch-22. This is not just about bail. The bail agents are not the only ones against this; the for-profit prison system is also against this. I have written to my representatives urging them to hire more public defenders to solve one level of this problem and save taxpayer money, all to no avail. We have lots of unemployed law school grads out there, ready to work...
78
"Dog the Bounty Hunter" Don't forget bounty hunters; it's a significant business:
https://www.google.com/search?safe=off&source=hp&q=60+minutes+bo...
https://www.google.com/search?safe=off&source=hp&q=60+minutes+bo...
5
"it doesn’t even do a good job of separating harmless arrestees from the ones you definitely want to keep behind bars"
Bail is not supposed to keep people behind bars. They have not been convicted. It is supposed to ensure they appear for trial.
The Eight Amendment in the Bill of Rights to the Consitution says: "Excessive bail shall not be required."
Yet this idea is that some presumed dangerous arrestees ought to have a bail set that they can't pay, for the purpose of keeping them behind bars. That is excessive bail.
If they are so dangerous, prove it by convicting them in a prompt trial.
Bail is not supposed to keep people behind bars. They have not been convicted. It is supposed to ensure they appear for trial.
The Eight Amendment in the Bill of Rights to the Consitution says: "Excessive bail shall not be required."
Yet this idea is that some presumed dangerous arrestees ought to have a bail set that they can't pay, for the purpose of keeping them behind bars. That is excessive bail.
If they are so dangerous, prove it by convicting them in a prompt trial.
47
My friend's 84 year old mother was kidnapped this week from her home by a former home health care provider, who put a gun to her head, pushed her down the stairs, tried to choke her, and then the accomplice drove her around in her own car to try and get cash. Thankfully she is ok, and the perpetrator was arrested, and being held on $100000 cash bond only. Do I want that person out on the street? No. Do I think she would appear for any proceedings? No. And she could end up caring for someone else because she has not been convicted.
I don't have answers for this, and I work in the legal system, and agree that cash bail, and how it is applied is a problem. Often there are high bonds set in cases where it seems inappropriate and where there is no feasible way a defendant could make that bond. How a court sets a bond depends on many factors, including what the crime is. Judges face pressure to keep certain people in jail based on the charge. Also there may be many defendants whose lawyers do not seek a bond reduction.
The point is to make sure that the defendant appears for all proceedings. The problem is that they won't, and skip bail. I can't imagine how many warrant for failure to appear are out there.
I don't have answers for this, and I work in the legal system, and agree that cash bail, and how it is applied is a problem. Often there are high bonds set in cases where it seems inappropriate and where there is no feasible way a defendant could make that bond. How a court sets a bond depends on many factors, including what the crime is. Judges face pressure to keep certain people in jail based on the charge. Also there may be many defendants whose lawyers do not seek a bond reduction.
The point is to make sure that the defendant appears for all proceedings. The problem is that they won't, and skip bail. I can't imagine how many warrant for failure to appear are out there.
15
It sounds as if the one-million-dollar bail is appropriate in this case. However, is it appropriate for someone who stole a loaf of bread and a package of hot dogs to have a $5,000 bail, or for someone who's behind on his child support to go to jail for six months, thereby losing his minimum-wage job so that he can't pay ANY child support? There's a radical difference between someone who kidnaps a vulnerable person with a gun to her head and someone who commits petit larceny to feed himself or herself or their kids. The disparity is HUGE. (By the way, the person who spent six months in jail is one of MY friends. And he's NO danger to society; he just has no skills to get himself a better job.) People who want to see the bail system looked at and standardized to fit the infraction/crime are not anti-American; in fact, they're pro-civil rights. I sat in a local courtroom recently when my niece had to go to traffic court. Most of the people I observed were poor and had minor infractions (bad headlights, taillights, etc.), and the fines were in the hundreds of dollars. They could, instead of paying the money (e.g., $320), service time in jail at $30 per day to "work off the fine," but for the most part that would mean losing their jobs and getting jail time on their record. What was their choice? And none could afford attorneys, and there weren't enough public defenders to go around. What's the solution? I don't know. But something has to be done. And soon.
47
I'm sure the other folks who would be unhappy with a change in the status quo are the for profit prison vultures.
31
Off topic a bit:
Michigan Public radio broadcast today a news story about a food service worker fired in a prison in upstate Michigan.
He refused to use a sack of spoiling potatoes for food prep. When told to,have a prisoner sort through to see if any were good, he refused to do that, also, because--he stated--he was afraid of provoking prisoners to riot over the food quality. (They reportedly had done that in the past at same facility.)
Michigan Public radio broadcast today a news story about a food service worker fired in a prison in upstate Michigan.
He refused to use a sack of spoiling potatoes for food prep. When told to,have a prisoner sort through to see if any were good, he refused to do that, also, because--he stated--he was afraid of provoking prisoners to riot over the food quality. (They reportedly had done that in the past at same facility.)
26
We can do better. We don't need the present bail system. Other countries do without it
Accused are presumed innocent until proven guilty. Accused should be released pending trial unless there is a risk proven that they should be arrested and held, e.g., flight, evidence or witness tampering, or danger to community. Money bail would be effective only with respect to risk of flight, but only when there are no other better alternatives.
Here is one modern rule (§112 of the Code of Criminal Procedure of Germany):
[Admissibility of Remand Detention; Grounds for Arrest]
(1) Remand detention may be ordered against the accused if he is strongly suspected of the offence and if there is a ground for arrest. It may not be ordered if it is disproportionate to the significance of the case or to the penalty or measure of reform and prevention likely to be imposed.
(2) A ground for arrest shall exist if, on the basis of certain facts,
1. it is established that the accused has fled or is hiding;
2. considering the circumstances of the individual case, there is a risk that the accused will evade the criminal proceedings (risk of flight); or
3. the accused’s conduct gives rise to the strong suspicion that he will
a) destroy, alter, remove, suppress, or falsify evidence,
b) improperly influence the co-accused, witnesses, or experts, or
c) cause others to do so,
and if, therefore, the danger exists that establishment of the truth will be made more difficult (risk of tampering with evidence).
Accused are presumed innocent until proven guilty. Accused should be released pending trial unless there is a risk proven that they should be arrested and held, e.g., flight, evidence or witness tampering, or danger to community. Money bail would be effective only with respect to risk of flight, but only when there are no other better alternatives.
Here is one modern rule (§112 of the Code of Criminal Procedure of Germany):
[Admissibility of Remand Detention; Grounds for Arrest]
(1) Remand detention may be ordered against the accused if he is strongly suspected of the offence and if there is a ground for arrest. It may not be ordered if it is disproportionate to the significance of the case or to the penalty or measure of reform and prevention likely to be imposed.
(2) A ground for arrest shall exist if, on the basis of certain facts,
1. it is established that the accused has fled or is hiding;
2. considering the circumstances of the individual case, there is a risk that the accused will evade the criminal proceedings (risk of flight); or
3. the accused’s conduct gives rise to the strong suspicion that he will
a) destroy, alter, remove, suppress, or falsify evidence,
b) improperly influence the co-accused, witnesses, or experts, or
c) cause others to do so,
and if, therefore, the danger exists that establishment of the truth will be made more difficult (risk of tampering with evidence).
17
I recently did my first stint serving on a jury. The crime committed wasn't very serious--a father had been arrested by police who arrived at his home to break up a party held by the man's son. The prosecutor alleged that the father had supplied liquor for the underage partiers. Anyway, during voir dire, one prospective juror after another was dismissed because they admitted that they believed anyone who was arrested was guilty of a crime. I think this is a pretty general opinion in society, and as a result many people think that arrested means guilty and anyone arrested belongs in jail. I doubt that bail reform will get very far. Politicians are always afraid of being perceived as "soft on crime." Most constituents prefer the harshest treatment possible for criminals, with no distinction between arrests for misdemeanors or felonies. Cost doesn't seem to matter, as any amount spent on punishing criminals is seen as money well spent. Throw the "anti-American" charge into the mix, and it's pretty clear that we'll continue locking everyone up before trial, regardless of their alleged crime.
19
The paranoia these law enforcement people have towards progress is just astounding: “people whose agenda is to abolish prisons.”
"Anti-American"? I'm guessing this Beth Chapman is a big supporter of the bloviator in chief. The top law enforcement agent being the top law breaker in the Nation after pardoning Arpaio.
This "Long day's journey into night" is becoming terrifying.
"Anti-American"? I'm guessing this Beth Chapman is a big supporter of the bloviator in chief. The top law enforcement agent being the top law breaker in the Nation after pardoning Arpaio.
This "Long day's journey into night" is becoming terrifying.
41
In the NYC during the period of 'defensive' policing (in the 1970's and 80's) a term called 'revolving door justice' became popular to denote efforts to reduce incarceration, but the added effect was to put the people undermining our safety and security back out into the public. However in the 90's when attention changed to focus on the 'individuals' committing crimes instead of a grid prevention system, crime rates plummeted historically. The point is that by taking those who commit the crimes that imperils us all off the streets, we all benefit. Our felony rates were reduced by over 80%, parks, playgrounds and public places were restored to public use, and most importantly people were less afraid to mix and socialize with each other. Criminal reform efforts are important as well, but fundamental public security is a sink or swim issue and efforts to revise the 'revolving door' should be undertaken with that fact in mind.
16
A warning to those who like the cash-bail system:
It is creating a health crisis that is hurting all of us. Every person I have talked with or assisted who spent weeks or months in jail because they could not make bail for non-violent misdemeanors comes out of jail sick--- very sick.
They have vile skin infections, massive gum abcesses from untreated tooth decay that worsened during their stay , wounds that will not heal and coughs from the unsanitary conditions in our jails where it is common for vomit, urine and feces to be on floors and walls. Prisoners are not provided with any cleaning supplies, so they are forced to live in filth.
(The CDC has a report that tuberculosis is surprisingly high in our ZIP code area. I and the people who spent time detained in our local jail are not surprised at all. )
Once people are released from our local jail, their first job is usually one of our local restaurants ( sit-down establishments and fast-food).
If you think this public health problem can be solved by forbidding restaurants from hiring staff that has spent time behind bars, you are wrong. Restaurants would have to shut down from lack of staff.
It is creating a health crisis that is hurting all of us. Every person I have talked with or assisted who spent weeks or months in jail because they could not make bail for non-violent misdemeanors comes out of jail sick--- very sick.
They have vile skin infections, massive gum abcesses from untreated tooth decay that worsened during their stay , wounds that will not heal and coughs from the unsanitary conditions in our jails where it is common for vomit, urine and feces to be on floors and walls. Prisoners are not provided with any cleaning supplies, so they are forced to live in filth.
(The CDC has a report that tuberculosis is surprisingly high in our ZIP code area. I and the people who spent time detained in our local jail are not surprised at all. )
Once people are released from our local jail, their first job is usually one of our local restaurants ( sit-down establishments and fast-food).
If you think this public health problem can be solved by forbidding restaurants from hiring staff that has spent time behind bars, you are wrong. Restaurants would have to shut down from lack of staff.
30
Good grief! I am surprised the CDC never tackled this. (But in this administration, forget it.)
13
I note from the article that having the requisite money for bail is the standard for who stays in jail and who goes home. I would like to note that the late Ted Bundy made bail in Utah for possession of burglary tools. He had handcuffs in his car and a ski mask. granted that this can be ambiguous but the handcuffs and ski mask should set off alarms and postpone release until a wider inquiry takes place. He was later bailed out ($15,000) facing aggravated kidnapping and allowed to leave Utah until trial. If a person of color had the same charges, that would not have happened.
14
This is especially a problem at for-profit prisons. New York State does not allow for-profit prisons, but I know that this health issue does exist in NYS correctional facilities as well, especially at the county level. The statewide facilities seem to have some health care, but they contract with a prison health care company, so I'm dubious.
9
Ms. Collins, I completely agree that the bail systems need serious reform. The regulations vary wildly among states and counties. Judges have wide discretion about how to apply those regulations. The willy-nilly "system" costs families terrible stress, especially middle class and poor mothers.
Bail is an expensive way to buy a few months freedom, usually too expensive. Enter the bondsman, who for a non-refundable 10% of bail amount, gives the court an appearance guarantee. Non-refundable is the important word here; the system costs families thousands even before a verdict.
Bail is not the only cost -- phone calls must be paid for, extra food is expensive, shaving gear, too; books frequently must be bought and delivered new from an online retailer. Incarceration is now commercialized. New revenue streams are created every month, apparently without restrictions. With money coming in elected officials and chief wardens have little reason to change anything.
I favor confinement hearings, but they might too cumbersome; I don't really know. Since bail regulations are state laws -- federal rules will probably be limited to guidelines, harder to force on states -- a fed law will have to stand as a good example for a long time before the bondsmen shut their doors.
Bail is an expensive way to buy a few months freedom, usually too expensive. Enter the bondsman, who for a non-refundable 10% of bail amount, gives the court an appearance guarantee. Non-refundable is the important word here; the system costs families thousands even before a verdict.
Bail is not the only cost -- phone calls must be paid for, extra food is expensive, shaving gear, too; books frequently must be bought and delivered new from an online retailer. Incarceration is now commercialized. New revenue streams are created every month, apparently without restrictions. With money coming in elected officials and chief wardens have little reason to change anything.
I favor confinement hearings, but they might too cumbersome; I don't really know. Since bail regulations are state laws -- federal rules will probably be limited to guidelines, harder to force on states -- a fed law will have to stand as a good example for a long time before the bondsmen shut their doors.
8
We seem to be having a "Lord of the Flies" moment in our history, with cruelty and hatred core values dividing us in this country. Some studies in psychology show that those who identify as Democrat or liberal/progressive greatly value caring, whereas those on the other side of the political fence do not--as if we need studies to tell us that.
And I won't get into the irony of 81% of evangelical Christians voting for Donald Trump and the GOP, which clearly puts them on the cruelty over compassion camp, and figuring out how to make life worse not better for poor people and people without means. As I remember it, a few years back, Newt Gingrich thought debtors' prison was a fabulous idea and tried to see if he could bring it back. And Jesus wept.
There is no end to Republican cruelty, as we can see, and it is getting worse everyday with Trump, McConnell, and Ryan. Take away health care, expand the prisons, throw millions of poor people in jail, but let the big bankers and big polluters off the hook, and offer a presidential pardon to the meanest, most unethical, and unconstitutional sheriff in the country.
We have 2 hands, and as Sam Levenson said: "The first is to help yourself, the second is to help others.”
And I won't get into the irony of 81% of evangelical Christians voting for Donald Trump and the GOP, which clearly puts them on the cruelty over compassion camp, and figuring out how to make life worse not better for poor people and people without means. As I remember it, a few years back, Newt Gingrich thought debtors' prison was a fabulous idea and tried to see if he could bring it back. And Jesus wept.
There is no end to Republican cruelty, as we can see, and it is getting worse everyday with Trump, McConnell, and Ryan. Take away health care, expand the prisons, throw millions of poor people in jail, but let the big bankers and big polluters off the hook, and offer a presidential pardon to the meanest, most unethical, and unconstitutional sheriff in the country.
We have 2 hands, and as Sam Levenson said: "The first is to help yourself, the second is to help others.”
50
Surely, with Donald, Mitch, and Paul in charge we'll be able to get some of the drastically needed changes in this system passed, right?
7
I've seen the law from both sides now
from win and lose and still somehow,
it's law's illusions I recall
I really don't know law at all.
apologies to Joni Mitchell.
from win and lose and still somehow,
it's law's illusions I recall
I really don't know law at all.
apologies to Joni Mitchell.
31
wow. the fact that anybody connected with that stupid reality show has anything approaching a position of power? concerning real policy decisions? is a definite sign of the approaching apocalypse.
29
I'm a Dog watcher and enjoy the show for some reason that analysis failed to resolve. one thing I note is the potential for violence. The Chapman approach is not violent unless you are resisting being aggressively prayed over. That is not the case in many instances.y
1
Re: Republican Day:
Completely off topic Gail, but I'm hoping that you went to the old Coney Island, or maybe Stricker's Grove.
Completely off topic Gail, but I'm hoping that you went to the old Coney Island, or maybe Stricker's Grove.
1
First, a plan that unites Kamala Harris and Rand Paul has to be taken seriously: they both do value civil rights.
Our system has become a nightmare for the poor, and a tax nightmare period, and created a dirty industry which destroys lives while helping itself grow larger. Nothing against bail bondsmen, but this reform should happen
Our system has become a nightmare for the poor, and a tax nightmare period, and created a dirty industry which destroys lives while helping itself grow larger. Nothing against bail bondsmen, but this reform should happen
36
Funny how language evolves.
In the 50's and 60's "unAmerican" was a McCarthyism.
Now it's "anti-American"--to avoid his ghost and the bogey man of Communism--and the "evils" of all civil engineering, civil service and public civility--replaced by Trumpisms--insult and spittle--the essence of the man and his people.
"Real American" is a Palinism--avoided by intelligent people averse to sounding like her. Expect Trump to let it slip.
In the 50's and 60's "unAmerican" was a McCarthyism.
Now it's "anti-American"--to avoid his ghost and the bogey man of Communism--and the "evils" of all civil engineering, civil service and public civility--replaced by Trumpisms--insult and spittle--the essence of the man and his people.
"Real American" is a Palinism--avoided by intelligent people averse to sounding like her. Expect Trump to let it slip.
16
A further question is whether bail actually prevents people from running. If someone who has, say, $100,000 in the bank puts up $5,000 in bail, and has the means, motivation and inclination to run, will he really return to court just to get his $5,000 back?
10
I think the Senators are considering all the poor people that caught up in the law's dragnet of driving without a license, driving while black, jaywalking and the like. In the high stakes, like white collar crime, the law will simply ferret them out if they go missing. I think the concern you express is possible but not likely. But I really don't know.
I applaud their efforts.
I applaud their efforts.
6
Thank you for an article that is not about Trump!
17
But it kinda is, since it's his AG, Sessions, who's gone backwards on civil rights for so many poor people...
2
"Anti-American"???
I suggest Ms.Chapman read the US Constitution.
There's nothing more un-American then denial of liberty, under a for profit system of incarceration. Te entire incarcerations system has been turned on its head ever since the for-profit aspects were allowed in. From the specious, racially profiled arrests, to the guaranteed bed counts, to the consulting industry helping those cops make those specious arrests stick.
Profit in the jurisprudence system is anathema to the ideals of the US!
I suggest Ms.Chapman read the US Constitution.
There's nothing more un-American then denial of liberty, under a for profit system of incarceration. Te entire incarcerations system has been turned on its head ever since the for-profit aspects were allowed in. From the specious, racially profiled arrests, to the guaranteed bed counts, to the consulting industry helping those cops make those specious arrests stick.
Profit in the jurisprudence system is anathema to the ideals of the US!
42
Despite what it would do to Stephanie Plum's (and Janet Evanovich's) career, kudos to Harris and Paul! I'll just go back and re-read all those wonderful mysteries.
7
No doubt this system main problem is due to privatizing part of the criminal justice program which among other thing create incentives for higher incarceration rates. As bad as it is a much bigger problem is the privatization of the prison systems with stronger incentives and which affect many more people.
31
Bail, especially high amounts, should be reserved for people with an extensive felony conviction record or charged with heinous crimes. Add, maybe, really rich people. Its designed to prevent people from not showing up in court. It should not be required for anyone too poor to pay who is accused of a "modest" crime.
But the real source of the problem is that we, as a society, love to punish wrong doers. We lock people up at the drop of a hat, sometimes imposing long sentences, and put them in a space that makes it very difficult to grow positively as a person. That is, outside of the pleasure felt at their pain, it does not do any good. Prison should only have two purposes: protect society from the presence of a dangerous person, or reform someone on a criminal path. We utterly fail at the latter.
It doesn't have to be this way. Look at Europe or, even more specifically Finland. Eliminating most cash bonds is a good first step at reform. The fewer in jail cells, the better for them and the cheaper for the rest of us.
But the real source of the problem is that we, as a society, love to punish wrong doers. We lock people up at the drop of a hat, sometimes imposing long sentences, and put them in a space that makes it very difficult to grow positively as a person. That is, outside of the pleasure felt at their pain, it does not do any good. Prison should only have two purposes: protect society from the presence of a dangerous person, or reform someone on a criminal path. We utterly fail at the latter.
It doesn't have to be this way. Look at Europe or, even more specifically Finland. Eliminating most cash bonds is a good first step at reform. The fewer in jail cells, the better for them and the cheaper for the rest of us.
30
Kudos to Harris and Paul for working together! baby steps
19
One of the constraints that can lead toward release on own recognizance is the availability of jail cells and this tends to give judges leeway in terms of who should require bail or not. Concerned, apparently, that evil would abound in Maracopa County, Arizona, by this constraint, Joe Arpaio created his infamous tent jails. After all, the law is the law--except when it's not, as when President Trump determined that it's not when a law and order Sheriff breaks something as apparently uncriminal as the criminal contempt laws. The President called it "(Sheriff Joe) doing his job" and so he pardoned him. Apparently we can't have an extraordinary criminal bound by the same sentencing mandates as the ordinary, even in a community with plenty of jail space.
15
It seems logical that, if a bail agent can make a good living charging 10% of the bond amount, that the average bond is at least 10 times more than it needs to be.
13
While Gail's essay is reveling, many of the comments go along the lines of "criminals! I don't know....", well, in California (that liberal "bastion") the justice system favors those with money while throwing the rest in jail, and a recent study showed that asylum seekers could only get a favorable ruling when they met with a judge right after lunch. The rest didn't deserve asylum.
Our judicial system treats blacks as though they're all dangerous and white color criminals as though they're all innocent.
And judge's being able to distinguish between the criminals and the wrongly accused so as to deny bail? Many judges are criminals themselves. Plus our system requires them to believe that until a defendant is proven guilty they're supposed to be treated as though they're innocent. That's long gone and not to be brought back by Harris nor Paul. The bail industry knows that it's just a shakedown and will fund the ones opposed to any changes, thus we get that racist throwback Sessions as Attorney General and a president who flaunts the law since he can buy his own judges.
Criminality is embedded in our system and making money is the driving force or you get a fist in your face and boot on your neck. No losing at cards on purpose is needed these days,
If you're black you get shot for carrying a licensed gun by cops who enforce the status-quo and fear anybody who challenges their authority.
Our judicial system treats blacks as though they're all dangerous and white color criminals as though they're all innocent.
And judge's being able to distinguish between the criminals and the wrongly accused so as to deny bail? Many judges are criminals themselves. Plus our system requires them to believe that until a defendant is proven guilty they're supposed to be treated as though they're innocent. That's long gone and not to be brought back by Harris nor Paul. The bail industry knows that it's just a shakedown and will fund the ones opposed to any changes, thus we get that racist throwback Sessions as Attorney General and a president who flaunts the law since he can buy his own judges.
Criminality is embedded in our system and making money is the driving force or you get a fist in your face and boot on your neck. No losing at cards on purpose is needed these days,
If you're black you get shot for carrying a licensed gun by cops who enforce the status-quo and fear anybody who challenges their authority.
12
Prison should be used as a last resort measure. Once a person goes in they don't ever come out. Others would be sentenced to an alternative method of punishment/treatment. There are smarter people than me that could come up with those methods. Our criminal justice system is broken. I doubt it will be fixed any time soon since our country is broken and has been for quite some time.
46
A big thank you for NOT writing--again--about you know who.
15
Wisconsin has never had bail bondsmen, they've pretty much been seen as blood suckers making a profit off people who can't afford to post their own cash.
As a prosecutor I received a number of calls from law enforcement over the years...they had a bail bondsman who wanted their help to pick up someone who fled their jurisdiction. My response was always the same, "Not without a valid warrant."
Wisconsin, like many states is working to limit the use of cash bonds. Cash bonds have often been nothing more than an attempt to ensure the payment of fines and costs upon conviction. The percentage of defendants who don't make court appearances is certainly not the majority of defendants, but there are ways to help determine who will not show up: prior non-appearances; no connection to the jurisdiction, especially if they're from out of state; the seriousness of the crime and potential penalties, among other factors.
As pointed out by others, bonds are a form of financial discrimination. A $500 cash bond is a fortune for someone making minimum wage and living paycheck to paycheck. For the wealthy, it's nothing, the equivalent of a night out at a great restaurant. And often the wealthy are more of a risk because of their own sense of being above the law.
Get rid of bail bond companies and the entire culture of bail bonds. I applaud the minuscule steps the legislation takes and hope every state addresses the inequities of cash bonds.
As a prosecutor I received a number of calls from law enforcement over the years...they had a bail bondsman who wanted their help to pick up someone who fled their jurisdiction. My response was always the same, "Not without a valid warrant."
Wisconsin, like many states is working to limit the use of cash bonds. Cash bonds have often been nothing more than an attempt to ensure the payment of fines and costs upon conviction. The percentage of defendants who don't make court appearances is certainly not the majority of defendants, but there are ways to help determine who will not show up: prior non-appearances; no connection to the jurisdiction, especially if they're from out of state; the seriousness of the crime and potential penalties, among other factors.
As pointed out by others, bonds are a form of financial discrimination. A $500 cash bond is a fortune for someone making minimum wage and living paycheck to paycheck. For the wealthy, it's nothing, the equivalent of a night out at a great restaurant. And often the wealthy are more of a risk because of their own sense of being above the law.
Get rid of bail bond companies and the entire culture of bail bonds. I applaud the minuscule steps the legislation takes and hope every state addresses the inequities of cash bonds.
34
I like Kamala Harris and appreciate her effort to not be cynical, but bail bondsmen are just like pawnshop owners and other marginally legal enterprises that prey primarily on the poor. Sure, they are families trying to make a living, just like the Trump family is trying to make a living by skirting the law and sometimes just outright breaking it in the hopes no one prosecutes them. Remember Trump boasting about how he gave money to all the politicians so they would take his call. I'm sure that Harris and Paul are unlikely to offer a bill that would outlaw that practice. But then, I'm like you, Gail Collins, I'll take hard won experience over political opportunism, and in that sense I certainly wouldn't oppose this tiny reform.
14
The main issue of people who cannot post bail having to sit in jail is usually not for such things like driving without a license, where even if the person is guilty they won't have to spend a day in jail.
In most cases the charges are of the kind that would require jail time if the person was guilty.
So the injustice of having to spend time in jail because of the inability to post bail is only in cases where the defendant is innocent and so when they are found not guilty or the charges are dismissed there is the injustice of an innocent person having to have spend time in jail simply because they were poor.
However the reality is that when an innocent person is arrested and charged with a crime, having to spend time in jail because of his inability to post bail is the smallest of his problems and injustices he is dealt.
And this is because despite the fact that a person may be actually innocent he is almost as likely to plead guilty as a person who is actually guilty. This is because well over 90% of cases are settled with plea bargains. And many if not most innocent people feel forced to plea guilty and do not risk the much more severe punishment he would receive if found guilty by a jury, whose verdicts are based on which side made the more convincing argument, and are in any case no more than a toss up, which is why plea deals are offered in the 1st place.
And this is not even mentioning that to go to trial will cost the accused astronomical amounts of money.
In most cases the charges are of the kind that would require jail time if the person was guilty.
So the injustice of having to spend time in jail because of the inability to post bail is only in cases where the defendant is innocent and so when they are found not guilty or the charges are dismissed there is the injustice of an innocent person having to have spend time in jail simply because they were poor.
However the reality is that when an innocent person is arrested and charged with a crime, having to spend time in jail because of his inability to post bail is the smallest of his problems and injustices he is dealt.
And this is because despite the fact that a person may be actually innocent he is almost as likely to plead guilty as a person who is actually guilty. This is because well over 90% of cases are settled with plea bargains. And many if not most innocent people feel forced to plea guilty and do not risk the much more severe punishment he would receive if found guilty by a jury, whose verdicts are based on which side made the more convincing argument, and are in any case no more than a toss up, which is why plea deals are offered in the 1st place.
And this is not even mentioning that to go to trial will cost the accused astronomical amounts of money.
9
The way people who are arrested, but not tried or convicted, is an abomination.
From the time the officer puts the cuffs on, the human being somehow morphs from that status to something less than.
Many years ago I was arrested on a minor charge, the case was ultimately dismissed. Many of the people held that night would have the same outcome, or be found not guilty. The guards didn't care.
Later, in the courtroom, I had had the chance to actually witness the kind of treatment our clients complained about repeatedly, but weren't actionable.
People under arrest were treated to physical mishandling short of a charge of abuse - like pushing and shoving and yelling. People were laughed at, called "drunks", insulted, women were ogled and laughed at. None of this was done to the few in suits or well dressed.
Fom time to time in the cells officers would come by and insult the arrestees, things like "Boy, does it stink in there tonight."
Then their are the horrible bail issues you so rightly address, Gail.
And then the fact that you will never be "Innocent" again. Oh, "Not Guilty" maybe, but never, ever "Innocent", and even if cleared, must tell every new employer you have been arrested. I had to disclose my arrest to the law school, years later. Why? What significance does that have? The only question allowed should be if you have ever been convicted of a crime.
Innocent until proven guilty is only a concept, once you have been arrested, all on the say of one cop.
From the time the officer puts the cuffs on, the human being somehow morphs from that status to something less than.
Many years ago I was arrested on a minor charge, the case was ultimately dismissed. Many of the people held that night would have the same outcome, or be found not guilty. The guards didn't care.
Later, in the courtroom, I had had the chance to actually witness the kind of treatment our clients complained about repeatedly, but weren't actionable.
People under arrest were treated to physical mishandling short of a charge of abuse - like pushing and shoving and yelling. People were laughed at, called "drunks", insulted, women were ogled and laughed at. None of this was done to the few in suits or well dressed.
Fom time to time in the cells officers would come by and insult the arrestees, things like "Boy, does it stink in there tonight."
Then their are the horrible bail issues you so rightly address, Gail.
And then the fact that you will never be "Innocent" again. Oh, "Not Guilty" maybe, but never, ever "Innocent", and even if cleared, must tell every new employer you have been arrested. I had to disclose my arrest to the law school, years later. Why? What significance does that have? The only question allowed should be if you have ever been convicted of a crime.
Innocent until proven guilty is only a concept, once you have been arrested, all on the say of one cop.
28
A.$10 court fee improperly not registered as paid landed me in jail.
Luckily my dad left work to pull $500 cash out of his bank account and posted my bond. Not everyone has a relative willing to miss half a day of work and drive all over town.
Had my father not posted my bond I'd have waited two weeks to see a judge. I'd have lost my job and my apartment.
In the end the judge dismissed the case.
Luckily my dad left work to pull $500 cash out of his bank account and posted my bond. Not everyone has a relative willing to miss half a day of work and drive all over town.
Had my father not posted my bond I'd have waited two weeks to see a judge. I'd have lost my job and my apartment.
In the end the judge dismissed the case.
20
For the first ten or so years of my law practice in East Texas, I like all young lawyers was required to accept Federal Court appointments to represent indigent defendents. Generally, during that time, nearly all who were indicted, except in the most grievous cases, were notified of the indictment by certified letter and advised to appear on a date certain. Almost invaribly they did so after which they were released on their own recognizance and thereafter appeared as directed throughout the case even after conviction when told at what prison to report. Now it seems all have to be confronted by military appearing door kicking automatic weapon toting body slamming marshals and local police at the time of arrest and then are held until their first appearance before the Court sets the terms of their release, if any. Criminal defendants are innocent until proven guilty and should be so treated until or unless they fail to honor the respect initially given.
18
Poor people should not lose their jobs when accused of misdemeanors because they can't raise even $250 to pay a bail bondsman his 10%. But throw them in jail, and chances are they'll be fired. They're still innocent at that point and not having money is still not a crime -- not yet anyway, although Trump is probably working on an executive order to change that. We extol the virtues of work and then rig the system against the poor who are trying to work.
14
Crass self-interest always comes through in politics. I wouldn't expect bail bondsmen to care about fairness for others as long as they're making money nor would I expect politicians to do the right thing if there is a personal financial incentive not to. Any interest group with enough money can often buy what they want but poor people in minor legal trouble can't and their minor troubles often get bigger and bigger because they're sitting in jail when they need to be working. It really isn't fair.
9
...and then there are those people, and even traditions and systems, who commit crimes against menschlichkeit for which bail is not requested. And the range of influential control agents who violate mutual trust, respect, caring and help- basic to a vibrant, civil, society- who do not need the help of any bail agents.And in the process of commodifying laws and regulations,in a country and culture which, since its WE-THEY violating of a range of selected, dehumanized, "the others," inception, has enabled justice to be tarnished.Bought and sold. in both visible, documentable as well as hidden ways.Reforming the tradition of bonding the accused, who is yet to be correctly adjudicated, when levels and qualities of evidence are not exacting proof in raises many unresolvable issues.For example,how can
laws and justice, however defined and delineated, be bonded and melded into ethical well being for individuals and human and non-human systems?
Into safe life spaces and equitable qualities of living?What would make it possible to inter-bond, and connect, in pro-social ways, in our current, toxic, fact-free environment?Bonding, a word, concept, process, condition, state, outcome, etc. is and can be much more!
laws and justice, however defined and delineated, be bonded and melded into ethical well being for individuals and human and non-human systems?
Into safe life spaces and equitable qualities of living?What would make it possible to inter-bond, and connect, in pro-social ways, in our current, toxic, fact-free environment?Bonding, a word, concept, process, condition, state, outcome, etc. is and can be much more!
1
What a terrific and well written column. Your grandfather would be proud of the improvements in your spelling and composition skills since your grade school writing career days. Reform of the administration of our justice system is long overdue.
Starting with the bail system you described we could work our way up to the too cozy relationships of district attorneys with police who abuse their legal authority and power in serving and protecting the people in their jurisdiction. Those relationships usually result in failure to prosecute police misconduct and violence. Next we could stop police confiscation of property of people never convicted and often not even charged with a crime. The proper term for this behavior is "police theft." Then we could visit the unequal enforcement of drug laws that lead to ruined lives for so many poor young people. We might also want to look at the militarization of the police, their training and behavior in de-escalation of crisis situations, management of peaceful demonstrations, and quota driven police enforcement of traffic laws.
I am not holding my breath waiting for President Trump or Jeff Sessions to lead this effort.
It is long overdue to have a national conversation and commitment to action to put justice into our "Justice system."
Starting with the bail system you described we could work our way up to the too cozy relationships of district attorneys with police who abuse their legal authority and power in serving and protecting the people in their jurisdiction. Those relationships usually result in failure to prosecute police misconduct and violence. Next we could stop police confiscation of property of people never convicted and often not even charged with a crime. The proper term for this behavior is "police theft." Then we could visit the unequal enforcement of drug laws that lead to ruined lives for so many poor young people. We might also want to look at the militarization of the police, their training and behavior in de-escalation of crisis situations, management of peaceful demonstrations, and quota driven police enforcement of traffic laws.
I am not holding my breath waiting for President Trump or Jeff Sessions to lead this effort.
It is long overdue to have a national conversation and commitment to action to put justice into our "Justice system."
13
No problem with the sentiments here, especially in the Incarceration Nation which America has the reprehensible distinction of being.
As an aside, can anyone point to the last time there was an actual “national conversation” on anything?
Clearly one of the nation’s most fundamental dysfunctions is the apparent impossibility of having any such thing as a national conversation.
What we do have is endless dogmatic, ultra-partisan head butting on virtually every issue of import to America.
As an aside, can anyone point to the last time there was an actual “national conversation” on anything?
Clearly one of the nation’s most fundamental dysfunctions is the apparent impossibility of having any such thing as a national conversation.
What we do have is endless dogmatic, ultra-partisan head butting on virtually every issue of import to America.
6
There was a class war. We lost. There was and election, the majority voted got HRC and Trump and Putin and the oligarchs won because millions of voters who assumed Trump would loose big stayed home. Now we are paying the price for buy not being able to change what the GOP has done over the years.
Rich people can still steal the pensions, life savings and homes of people who trusted them and become richer yet and even wind up on on the presidential cabinet, after using inside information to by and sell stock. They can and often do cheat on their taxes or pay no taxes or a minimum tax, and demand government services and hardly ever are prosecuted for any crime that would land you in the slammer; but let a poor man steal a bag of groceries because his family is cold and hungry and and the trap door of our punish the poor criminal justice system opens under his feet and his life has irrevocably changes.
Being rich is not enough. How much can you eat, what happens after you have a yacht and the jet and a few mansions. You want to be royalty, you need people to step on and abuse. You want slavery but surfdom will do and you need to lord it over people and those who do not recognize your greatness and entitlement there must be punishment and more punishment and these surfs but be conned and striped naked of the rights to be your equal at the ballot box before the law and must be stripped naked of your rights. They want our salutes and want us to be invisible.
Rich people can still steal the pensions, life savings and homes of people who trusted them and become richer yet and even wind up on on the presidential cabinet, after using inside information to by and sell stock. They can and often do cheat on their taxes or pay no taxes or a minimum tax, and demand government services and hardly ever are prosecuted for any crime that would land you in the slammer; but let a poor man steal a bag of groceries because his family is cold and hungry and and the trap door of our punish the poor criminal justice system opens under his feet and his life has irrevocably changes.
Being rich is not enough. How much can you eat, what happens after you have a yacht and the jet and a few mansions. You want to be royalty, you need people to step on and abuse. You want slavery but surfdom will do and you need to lord it over people and those who do not recognize your greatness and entitlement there must be punishment and more punishment and these surfs but be conned and striped naked of the rights to be your equal at the ballot box before the law and must be stripped naked of your rights. They want our salutes and want us to be invisible.
23
"Maybe we need to get the two of them together for a friendly drink."
Please be sure someone with a fully charged smart phone is sitting nearby. It would be more fun than some of the live congressional feeds posted to cable networks.
Also, I would like to ask Ms. Chapman who exactly wants to abolish prisons, as opposed to cease being the world's biggest (and most profitable?) jailer: https://www.aclu.org/issues/mass-incarceration ? I would guess that the ACLU is another example of "sort of anti-American."
Please be sure someone with a fully charged smart phone is sitting nearby. It would be more fun than some of the live congressional feeds posted to cable networks.
Also, I would like to ask Ms. Chapman who exactly wants to abolish prisons, as opposed to cease being the world's biggest (and most profitable?) jailer: https://www.aclu.org/issues/mass-incarceration ? I would guess that the ACLU is another example of "sort of anti-American."
12
Yes, it is time the issue was addressed. Harris and Rand are an odd couple but it makes the issue bipartisan.
At this point we are grasping with the apparent abandonment of the Rule of Law by the executive branch, along with Session's idiotic retro policies. Pardoning Arpaio is a disgusting abuse of presidential powers given his history of crimes against humanity that are nicely presented as a retweet from Paul Krugman. There is more to come apparently so we can look forward to more abuse.
At this point we are grasping with the apparent abandonment of the Rule of Law by the executive branch, along with Session's idiotic retro policies. Pardoning Arpaio is a disgusting abuse of presidential powers given his history of crimes against humanity that are nicely presented as a retweet from Paul Krugman. There is more to come apparently so we can look forward to more abuse.
11
I lost my career as a Judge in NYC, setting bail of $2,500 on a person charged with a misdemeanor.
I suggest that you look at the ROR/PTSA systems in effect in the Federal Courts and the NYS courts. People can be released based on a point system which gives credit to ties to the community.
I suggest that you look at the ROR/PTSA systems in effect in the Federal Courts and the NYS courts. People can be released based on a point system which gives credit to ties to the community.
3
I read through this article waiting for the inevitable Donald Trump connection but it never came. Remarkable restraint! Keep it up.
6
If you get arrested for shoplifting are we really supposed to feel sorry for you being in jail? Seems like a lot of wasted energy to get worried about thieves. They are not worried about what it costs the store owner.
2
This doesn't absolve people of crimes. If you're found guilty you will still be be punished. It only addresses the disparity of the haves and have nots while awaiting trial.
14
If you can't find sympathy for some kid (or adult) who sits in jail for 9 months for shoplifting a $100 handbag, could you at least admit what a colossal, monumental waste of money it is? Jailers have to be paid. Prisoners have to be fed, clothed. Jails need money for heating, cooling, maintenance.
19
Presumed innocent until convicted in a court of law. Being arrested doesn't mean one is guilty.
21
Beth Chapman sounds like a horrible person. Undoubtedly, she will go far in the current divisive American climate.
14
These days, the criminal justice system can be described as the fracking of the poor.
11
I wish them luck. The system does nothing to keep violent offenders off the streets, but does keep a lot people with misdemeanors away from their families and makes it less likely they will be able to stay gainfully employed.
13
Another example of the fact that elections have consequences. It's not surprising that someone trying to help poor people would be seen as "unAmerican". This is how Jeff Sessions and his ilk think they're making America great again.
17
I'm sure this situation is also intertwined with the problem of drug abuse in this country. Given the ever-widening number of drug addicts, the jails must be full of a lot of these folks as well. Caring for addicts coming off their drugs must be terribly expensive, so it would be in the prison system's best interest to put them on the street again, where of course, they are bound to re-offend. So many problems plaguing our society today and so little (virtually none) leadership to tackle them.
1
Good on ya, Beth Chapman. When confronted with an opposing opinion, deal with it by calling the person holding it a traitor to the nation. Why not? The President does it all the time.
22
It is a crime to be poor in America.
19
I remember sitting in court and listening to a Judge, who was referred to as the "hanging Judge" by a friend. I got a bird's eye view of what she meant.
In one instance a man's attorney had not shown up yet. Instead of calling another case, the man was sent back to jail, or to quote the Judge "back in the slammer". The next man did not have the cash to pay a $35.00 fine. Again, back in the slammer.
It was very chilling to listen to this in a supposed place where justice is supposed to prevail. In both of these instances neither of these men did anything horrendous. Just made simple mistakes that all of us are capable of doing.
Neither of them could post bail. So a bail bondsman was of no use to them.
It is always the poor who pay.
There is no justice in the justice system.
In one instance a man's attorney had not shown up yet. Instead of calling another case, the man was sent back to jail, or to quote the Judge "back in the slammer". The next man did not have the cash to pay a $35.00 fine. Again, back in the slammer.
It was very chilling to listen to this in a supposed place where justice is supposed to prevail. In both of these instances neither of these men did anything horrendous. Just made simple mistakes that all of us are capable of doing.
Neither of them could post bail. So a bail bondsman was of no use to them.
It is always the poor who pay.
There is no justice in the justice system.
17
Low-income folk, who cannot afford bail, are not in jail because they committed a crime - they are in jail for being poor.
If that is not 'cruel and unusual punishment' I don't know what is...
If that is not 'cruel and unusual punishment' I don't know what is...
15
Beth Chapman has always been part of the system that has no respect for individual liberties. While I have little sympathy for those who don't appear for their court dates, there is a small but significant number who do so for legitimate reasons, like letters informing them of the date went to the wrong address, or they are hospitalized. Chapman and the bail system have zero sympathy for them, and only some judges are willing to set aside forfeitures in those cases.
But this isn't about Beth and the Dog doing thrilling tough-guy, Dirty Harry TV to recover some low life and return him to justice. Who Cares if the presumption of innocence is trampled to make TV that gets high ratings?
What it's about is a broken system that puts profits and gouging the poorest of the poor over the good of Society. People who aren't a threat to run or be violent only cost us all money if they are in jail because they can't make bail. Gail Collins has seen what happens first hand if controls are strict and strictly enforced: her grandfather deliberately losing at cards to the judges who control his bailbonding business.
We've seen how the private prisons exploit people unmercifully.
When we see our criminal justice and penal system as profit centers we don't have to worry about them becoming corrupt. It's too late. They already are.
But this isn't about Beth and the Dog doing thrilling tough-guy, Dirty Harry TV to recover some low life and return him to justice. Who Cares if the presumption of innocence is trampled to make TV that gets high ratings?
What it's about is a broken system that puts profits and gouging the poorest of the poor over the good of Society. People who aren't a threat to run or be violent only cost us all money if they are in jail because they can't make bail. Gail Collins has seen what happens first hand if controls are strict and strictly enforced: her grandfather deliberately losing at cards to the judges who control his bailbonding business.
We've seen how the private prisons exploit people unmercifully.
When we see our criminal justice and penal system as profit centers we don't have to worry about them becoming corrupt. It's too late. They already are.
10
It's sad that Chapman is outraged with the idea that two senators from opposing parties worked together to sponsor a bill.
Perhaps Chapman's stance on this bill is not motivated by ideology... maybe it's all about the money.
Perhaps Chapman's stance on this bill is not motivated by ideology... maybe it's all about the money.
8
Ms. Collins off-handedly mentions the "famous case of a woman who was kept behind bars for driving without a license after she was unable to post $2500 bail."
The woman, whoever she is, should be named in this editorial. I believe I know who Collins is referring to, but all readers should be given this person's name, for a couple of reasons.
(1) A reporter's reputation is not well served by such a generic reference. The reader is left to feel tricked. "Famous?" Who said so?
(2) Without a name or more context, the example is made less useful and merits a so-what response?
(3) If the woman is actually famous, Collins should reveal the name (and any other pertinent information) so the reader can judge for himself if the anecdote is relevant.
(4) By not naming the woman--even though she was famous--Collins leaves the reader to wonder whether the writer fears using her name. And if so, why?
Otherwise, this is a strong argument for reform of the bail bond system--and reducing the numbers of citizens unnecessarily held behind bars.
The woman, whoever she is, should be named in this editorial. I believe I know who Collins is referring to, but all readers should be given this person's name, for a couple of reasons.
(1) A reporter's reputation is not well served by such a generic reference. The reader is left to feel tricked. "Famous?" Who said so?
(2) Without a name or more context, the example is made less useful and merits a so-what response?
(3) If the woman is actually famous, Collins should reveal the name (and any other pertinent information) so the reader can judge for himself if the anecdote is relevant.
(4) By not naming the woman--even though she was famous--Collins leaves the reader to wonder whether the writer fears using her name. And if so, why?
Otherwise, this is a strong argument for reform of the bail bond system--and reducing the numbers of citizens unnecessarily held behind bars.
1
Ms. Collins mentioned a famous case, not a famous woman. Maybe you read too fast?
8
Collins isn't a reporter, she's an Op-Ed writer. I don't see that the woman's name is important here to building her argument.
4
Was it a famous female pop star?
My apologies.
I couldn't resist the joke... considering the recent NYTimes article on a famous female pop star.
My apologies.
I couldn't resist the joke... considering the recent NYTimes article on a famous female pop star.
As reasonable as this reform sounds, it will unfortunately run into the buzz-saw of the criminal "justice" system, which is aptly defined in most Criminal Justice textbooks as "the amount of justice a person can afford". Our "justice" and privatized penal system, like everything else in America relegates people to a secondary concern after - you guessed it - profits!
5
I have never comprehended the logic of jailing someone for undeniably petty, non-violent civil offenses, incurring the costs of feeding, clothing and, not infrequently, medical care, all because they are essentially insolvent.
As Gail points out, there are more victims to this injustice than just the person cooling his heels and lounging around on a luxurious stainless steel shelf that passes as the correctional definition of a bed. If this man is employed and rendered unable to be at work because he couldn't afford to make his most recent child support payment because he spent that amount repairing his car so he could get to the job and earn the money and have a chance of getting current on his obligations, well, now his ex and his kids are just going to have to do without another month or two or three... And his employer is injured because the man doesn't show up for work, causing the business to have to scramble to either find a replacement worker or possibly fail to meet a contract itself.
The whole system stinks. When food stinks (and I don't mean just the Limburger cheese-type odor), we eat it only out of starvation and desperation. Are we so desperate and starved for punitive vengeance that we will willingly shoot our own foot just to have the satisfaction of making major crimes out of misdemeanors?
Apparently so.
As Gail points out, there are more victims to this injustice than just the person cooling his heels and lounging around on a luxurious stainless steel shelf that passes as the correctional definition of a bed. If this man is employed and rendered unable to be at work because he couldn't afford to make his most recent child support payment because he spent that amount repairing his car so he could get to the job and earn the money and have a chance of getting current on his obligations, well, now his ex and his kids are just going to have to do without another month or two or three... And his employer is injured because the man doesn't show up for work, causing the business to have to scramble to either find a replacement worker or possibly fail to meet a contract itself.
The whole system stinks. When food stinks (and I don't mean just the Limburger cheese-type odor), we eat it only out of starvation and desperation. Are we so desperate and starved for punitive vengeance that we will willingly shoot our own foot just to have the satisfaction of making major crimes out of misdemeanors?
Apparently so.
16
Bribery while gambling is a time-honored American tradition, certainly prevalent in Louisiana when I was young. I have even read that George Washington was not precisely as Parson Weems depicted him. When someone wanted a political favor that the President was inclined to grant, Washington's agent would tell the petitioner how much to lose at cards. When the proper sum was reached, the game ended.
4
Just a small part of the American “justice racket” that provides employment for a few million judges, attorneys, police officers, wardens, prison guards, security officers, probation officers, executioners, part-time jurors, bondsmen, and contractors! The pay is good and the work environment is favorable, but …
Too bad that millions must suffer imprisonment to justify the racket!
Too bad that the racket is so inept at reducing crime and reforming offenders!
Too bad that the charade is sustained by billions of taxpayer dollars paid each year!
Too bad that millions must suffer imprisonment to justify the racket!
Too bad that the racket is so inept at reducing crime and reforming offenders!
Too bad that the charade is sustained by billions of taxpayer dollars paid each year!
7
The land of the free is actually Incarceration Nation. The prisons have turned into a for profit system that also disenfranchises minorities and the poor. Do those in power care? I think not.
8
This is a great column. Thank you. The legal system provides the underpinnings of the rape of this nation by financiers as well. All you need to do as a grifter is hire a bunch of Ivy League lawyers to help you cook up your scheme. They only have to make sure there are enough clauses and tricks that you don't go to jail.
10
If an arrested person is a danger to commit another crime he should not be released no matter how much dough he has.
Otherwise release people awaiting trial but require they wear a monitoring device with very heavy penalties if the device is removed.
Decrease the time from arrest to trial so someone charged with a minor crime does not stay in jail for a long time because they can not post bail.
Otherwise release people awaiting trial but require they wear a monitoring device with very heavy penalties if the device is removed.
Decrease the time from arrest to trial so someone charged with a minor crime does not stay in jail for a long time because they can not post bail.
6
What chance of committing another crime would you like to set? 50%? 99%? And where do you draw the line? You really believe that jailing someone for driving without a license is OK? (Did the license expire?) Going to jail a kid for jaywalking?
You are assuming guilt - it's obvious when you say "Decrease the time from arrest to trial..." - plus unless you can decrease that time to almost nothing job loss is going to occur.
Keeping someone in jail because they don't have enough money is unconscionable - no better than debtor's prison in the time of Charles Dickens. It's messing with the trajectory of peoples' future lives, and sometimes for some pretty ridiculous charges.
You are assuming guilt - it's obvious when you say "Decrease the time from arrest to trial..." - plus unless you can decrease that time to almost nothing job loss is going to occur.
Keeping someone in jail because they don't have enough money is unconscionable - no better than debtor's prison in the time of Charles Dickens. It's messing with the trajectory of peoples' future lives, and sometimes for some pretty ridiculous charges.
115
Poor Gail. You must be so desperate to find something entertaining to write about in these terrifying times.
4
This is a terrifying predicament -not entertaining in the least-- for those who don't have money and are trying to scrape by but who are charged with some misdemeanor --and the charging will ruin their lives, separate them from their children and make them lose their jobs, potentially sending them into the streets. Remember innocent before proven guilty? Remember the punishment is supposed to fit the crime? But I guess you're right. It's not a big deal for the well-off and for the rich. Lucky you.
6
In 1978, a friend was kidnapped and raped for two hours before her assailant let her go. He was eventually caught when he tried to kidnap three young women at the same time. He was out on bail, as Gail says, in time for dinner.
It seems not much has changed in 40 years.
Kamala Harris and Rand Paul are an odd couple indeed, but Paul is such a wild card it's not a big surprise. I wish their project much success.
It seems not much has changed in 40 years.
Kamala Harris and Rand Paul are an odd couple indeed, but Paul is such a wild card it's not a big surprise. I wish their project much success.
12
What could be more anti-American than denying habeus corpus? Let's call everyone we disagree with unamerican. The president makes this easy. Very McCarthy. He probably learned this from his former attorney the late Roy Cohn. Unamerican.
21
The thought that the bail/criminal justice systems are too entwined with money and profit-making for reform is almost a non-statement in this country. Is there a system in long need of reform that is NOT held back by the profit-makers? Energy and environment, student debt, affordable housing, the war machine, and healthcare certainly are all totally stopped by monied interests over the needs of tax-paying citizens, much less efficiency in use of dollars. Anticipate no change for the better in anything as more and more privatization occurs.
28
Like every other aspect of government, too many of our criminal justice policies are determined not by what is best for the country, but by what will enhance the wealth of private businesses with profit motives and well-paid lobbyists. I understand that bail bondsmen want to earn a living, but that should not justify the maintenance of what are essentially debtors' prisons.
31
As the piece says, Sessions (& by extension most conservatives) are for jailing (guilt or innocence irrelevant) for as long as possible. Conservatives rule. Nothing will change.
10
I wonder when or if Blacks - whether as accomplished as Kamala Harris or being held in the county lock-up, will ever be considered "true" Americans by the many who "feel" the way Beth Chapman does.
Bleach blonde, mutton cut, tattooed white guys named "Dog" don't give me much hope for the near term.
To each his own I guess, except when it comes to the Constitution.
Bleach blonde, mutton cut, tattooed white guys named "Dog" don't give me much hope for the near term.
To each his own I guess, except when it comes to the Constitution.
16
It's a very simple process, the companies that run the prisons that make billions of dollars each year, love just love this system. I'm sure there are kickbacks hidden in the way of anonymous checks to whom is in favor of keeping the system in place. You can lock up all the people all of the time, as long as the money keeps coming in. Let us not forget we have a president who loves business as usual..........
13
OMG, only got to your "turkey pardoning" remark that caused the vision of beefy, corpulent 45 salivating over this year's turkeys entered my mind. Now I'll be sick the rest of the day.
8
That bailing bonding culture fits right into the reactionary culture the conservatives want to pursuit. So it is not surprising. When all else fail, they just sponsor some reality show to glorify the industry.
This is no slight to your grandpa, of course. Those were the days. Perhaps there are honest to goodness bails bond people even now. As the editorial board's column about the same points out, sometimes it is justifiable. Perhaps it is difficult to judge on a case by case basis with the existing criminal justice system, but the system needs to have some reasonable guidelines. Forget about the bails bondmen and women, some localities have been using minor infraction as their source of funds. That is morally wrong. And an affront to innocent-until-proven-guilty ideal
This is no slight to your grandpa, of course. Those were the days. Perhaps there are honest to goodness bails bond people even now. As the editorial board's column about the same points out, sometimes it is justifiable. Perhaps it is difficult to judge on a case by case basis with the existing criminal justice system, but the system needs to have some reasonable guidelines. Forget about the bails bondmen and women, some localities have been using minor infraction as their source of funds. That is morally wrong. And an affront to innocent-until-proven-guilty ideal
6
I see the issue as being how to hold people in place until their cases can be adjudicated. The thought behind cash bail is that possible perpetrators would not want to lose their savings or to disadvantage their loved ones by skipping their court dates. Keep in mind, these persons are not merely suspects: their is sufficient evidence for a court to justify issuing an arrest warrant. So...what replacement guarantee is proposed by reformers? Gail, this is a lively column but couldn't you also have reported a bit more about reform?
5
Bail bonding companies are licensed within the pork barrel culture. They just don't get these positions in the free market system. Many jurisdictions depend on jail inmate labor and there's constant pressure to keep a labor pool available from jails. Prosecutors use high bail recommendations as leverage to induce guilty pleas that fatten up their conviction stats. Do local jailers/sheriffs get federal grant money based on number of incarcerations? There is no end in sight. The criminal justice system is entwined with money making. Check out the auto impounding contracts for even more evidence of cronyism and gross injustice.
10
Our system is run by profiteers from the bail agents to the corrections officers' union [COBA]. Pleading out now serves in place of a "speedy trial." The interests of society are not served.
Kalief Browder's story is a good place to start if you want to better understand.
If ever there was a member of the TRUMP posse it is Beth Chapman. She is WWF law enforcement. She and "Dog," her husband, are reality TV personalities just like "The Donald." The main difference being that Chapman and Dog appear to have a truly loving relationship and are somewhat sympathetic characters. [Low bar, I admit.]
Kalief Browder's story is a good place to start if you want to better understand.
If ever there was a member of the TRUMP posse it is Beth Chapman. She is WWF law enforcement. She and "Dog," her husband, are reality TV personalities just like "The Donald." The main difference being that Chapman and Dog appear to have a truly loving relationship and are somewhat sympathetic characters. [Low bar, I admit.]
6
The current bail system is abusive and does not do justice to those presumed innocent, but without the money to sleep in their own bed at night. Too much money being sloshed around for the benefit of a private industry that really could care less about the chaos they create by their actions; and likely based on a profit motive (greed?).
10
I practiced criminal law for a long time and don't really recall a case where a bail bondsman was actually required to pay a bond after their client skipped town. I do recall thinking that the applicable laws must have written by the bondsmen themselves.
10
Bail and bonds in the criminal legal system are used to discriminate against black, brown & poor defendants and make them far more likely to be sentenced to imprisonment.
I have seen judges in state courts release a white burglary defendant on personal recognizance, on his word without having to post money, and a black burglary defendant in the same court session arraignment calendar having bail set at $50,000 (Fifty Thousand Dollars).
A defendant sitting in jail unable to post bail is more likely to accept whatever plea deal the prosecution offers. If an incarcerated defendant goes to trial, he is more likely to be convicted. He is unable to assist in preparing his defense like a free defendant --- he is hampered in meeting & strategizing with lawyers, is unable to personally locate witnesses who could help exonerate him or bolster his defense, and he is handcuffed & accompanied into court by armed sheriffs, leading jurors to think he must be dangerous & guilty.
In many jurisdictions, even if a defendant is found not guilty, the state still keeps 10% of the bail posted. How unfair is that? Yet the US Supreme Court has said it is OK for the State of Illinois to keep 10% of an innocent defendant's posted bail.
There is no justice in the system of bail as administered. People charged with crimes of violence may need to be locked up pretrial to protect the public and sizeable bonds may be justificable for such crimes. For nonviolent offenses, bonds are unjust.
I have seen judges in state courts release a white burglary defendant on personal recognizance, on his word without having to post money, and a black burglary defendant in the same court session arraignment calendar having bail set at $50,000 (Fifty Thousand Dollars).
A defendant sitting in jail unable to post bail is more likely to accept whatever plea deal the prosecution offers. If an incarcerated defendant goes to trial, he is more likely to be convicted. He is unable to assist in preparing his defense like a free defendant --- he is hampered in meeting & strategizing with lawyers, is unable to personally locate witnesses who could help exonerate him or bolster his defense, and he is handcuffed & accompanied into court by armed sheriffs, leading jurors to think he must be dangerous & guilty.
In many jurisdictions, even if a defendant is found not guilty, the state still keeps 10% of the bail posted. How unfair is that? Yet the US Supreme Court has said it is OK for the State of Illinois to keep 10% of an innocent defendant's posted bail.
There is no justice in the system of bail as administered. People charged with crimes of violence may need to be locked up pretrial to protect the public and sizeable bonds may be justificable for such crimes. For nonviolent offenses, bonds are unjust.
26
This is one of those articles that you want to read a second time because it is so funny yet informative.Deserving of a Pulitzer, "ojala!"
6
The purpose of bail is not to create a whole support industry; it is to ensure that felons don't flee before their court date.
If the felon isn't dangerous, and the cost of holding him or her is far more than the social cost of them being free, then bail is a stupid waste.
There are other programs that are effective in getting people to court, and the possibility of bail for those who miss their court date is still an option.
The idea is not to break the back of a low level offender so that he becomes a higher level offender simply to pay the court fees and bail. The idea is to stop the offenses.
If the felon isn't dangerous, and the cost of holding him or her is far more than the social cost of them being free, then bail is a stupid waste.
There are other programs that are effective in getting people to court, and the possibility of bail for those who miss their court date is still an option.
The idea is not to break the back of a low level offender so that he becomes a higher level offender simply to pay the court fees and bail. The idea is to stop the offenses.
10
Oops, you are using logic here. The intent IS to break the back of any offender to increase the profits of the CCA/Corrections Corp of America, our private prison profit maker and their NYSE status among all the other businesses relative to the 'justice' system.
4
Given that Blacks and Mexicans are poorer in this country due to institutionalized racism, it sounds as if the bail program is just another way to keep minorities in their "place." Therefore, it would be "un-American," to give them a chance, just like it is "un-American" to take down the statues of confederate soldiers.
8
Agreed. But there are a lot of poor white people also.
2
That is true, but just think about how suddenly so many people in this country are now concerned about helping drug addicts as the percentage of white people caught up in addiction climbs. When it was mostly poor minorities a lot of people didn't care at all. And it would be interesting to know what percentage of white drug addicts end up in prison rather than rehab, compared to people of color.
The United States has the highest incarcaration rate in the world, far higher than Iran, China, Cuba or other dictatorships, let alone civilized countries. Compared to Germany or the UK or France it is almost 7-8 times as much.
And the bail system, which doesn't exist anywhere else in this form, is an offspring of the incarceration rates. At Wikipedia, even the term "bail system" exists only in five languages, and the German and Dutch articles explain it as an American peculiarity. The whole system is abhorrent.
And the bail system, which doesn't exist anywhere else in this form, is an offspring of the incarceration rates. At Wikipedia, even the term "bail system" exists only in five languages, and the German and Dutch articles explain it as an American peculiarity. The whole system is abhorrent.
20
Who said " money can't buy happiness"? At least it can keep you out of jail. As someone else said "I've been rich and I've been poor, rich is better."
Fairness in our court system has never been its hallmark, but I'm concerned that it's about to get worse under the Trump/ Sessions Justice Dept.
Fairness in our court system has never been its hallmark, but I'm concerned that it's about to get worse under the Trump/ Sessions Justice Dept.
13
In this era of high tech solutions to problems we didn't know we had, certainly there must be a better solution to making sure people appear for their "Day in Court" than locking them up for the profit of investors in "private" prisons. Do the people who are locked up when they can't pay "bail" for non-violent minor offenses actually find justice if they are imprisoned waiting to face a judge longer than any possible sentence they would receive for their offense?
The scales of justice like so many things in the US are heavily weighted in favor of those who have money or assets. Reform of the criminal justice system which will certainly have to wait for a Democratic Congress and President should include a reform of the bail system.
The scales of justice like so many things in the US are heavily weighted in favor of those who have money or assets. Reform of the criminal justice system which will certainly have to wait for a Democratic Congress and President should include a reform of the bail system.
9
Cash bail offers temporary freedom appropriate in many cases, but fails if you cannot afford it. If the purpose is to incentivize a person to return to face criminal charges, let’s consider a different method. I can track a package as it crosses the country, find my lost luggage with my phone, and track as the hired car heads to pick me up.
Clearly, the technological means exist to know where a person is if they fail to show up for trial. We can build in safeguards for privacy, effectiveness, and durability—inert trackers that activate when the day of trial arrives or once per day for flight risks, detectors at airports, chips that activate if a person fails to make a daily check-in, embeddable chips under the skin, batteries that recharge by ambient heat, etc.
People accused of crime are due presumption of innocence, but society needs the means to bring them to court. There are more just and effective methods—choose one.
Clearly, the technological means exist to know where a person is if they fail to show up for trial. We can build in safeguards for privacy, effectiveness, and durability—inert trackers that activate when the day of trial arrives or once per day for flight risks, detectors at airports, chips that activate if a person fails to make a daily check-in, embeddable chips under the skin, batteries that recharge by ambient heat, etc.
People accused of crime are due presumption of innocence, but society needs the means to bring them to court. There are more just and effective methods—choose one.
10
Good story and better message, Gail.
It wouldn’t surprise me if the people who are most able to make bail are the biggest danger to society. For example, Bernie Madoff had no problem finding 10 million in spare change. Granted he wasn’t about to go out and machine-gun anyone, but he destroyed way more lives than your average shoplifter.
When prison is a local industry, statistics are a big deal, and law enforcement on all levels takes pride in being ‘tough on crime’ you’re going to have too many people locked up. It’s easier to pick up a petty criminal than a drug lord. It takes less energy to process them. They’re way less likely to cause a lengthy and expensive court battle. It makes the public feel good when all those guys with ugly tattoos and scary black men and prostitutes are safely tucked away.
So why not have impossible bail for everyone?
Because it’s wrong.
It wouldn’t surprise me if the people who are most able to make bail are the biggest danger to society. For example, Bernie Madoff had no problem finding 10 million in spare change. Granted he wasn’t about to go out and machine-gun anyone, but he destroyed way more lives than your average shoplifter.
When prison is a local industry, statistics are a big deal, and law enforcement on all levels takes pride in being ‘tough on crime’ you’re going to have too many people locked up. It’s easier to pick up a petty criminal than a drug lord. It takes less energy to process them. They’re way less likely to cause a lengthy and expensive court battle. It makes the public feel good when all those guys with ugly tattoos and scary black men and prostitutes are safely tucked away.
So why not have impossible bail for everyone?
Because it’s wrong.
16
I once successfully removed myself from serving on a local jury being assembled to prosecute an older black woman for stealing a $5 ham from the grocery.
During examination, I told the judge I could not in good conscience, accuse this woman.
I told the judge --- I thought it was the white-collar criminals who should be put in jail, not this woman. Then I walked out.
Nothing has changed in America.
During examination, I told the judge I could not in good conscience, accuse this woman.
I told the judge --- I thought it was the white-collar criminals who should be put in jail, not this woman. Then I walked out.
Nothing has changed in America.
19
Walked out? You're lucky you're not the one in jail.
4
Why surprised? He's white in North Carolina!
If Trump's action is uncontested, we are in worse quick-sand that we knew. Bad enough he can pack the SCOTUS, but that he makes himself, and therefore every POTUS to come, the arbiter of the Constitution is truly dictatorial. Original intent, my eye!
9
"“It’s simply not fair,” said Senator Kamala Harris, a California Democrat. She’s co-sponsoring a bail reform bill with Rand Paul, a Republican from Kentucky."
God forbid Mitch or Hatch ever think of such law or reform.
These two individuals had been in Congress since 1850. They are exemplary federal careerists. Instead, they are knowing to support any war anywhere, cut taxes for their super-wealthy patrons -who bankroll their endless Congressional careers- and give maximum incentives to poor struggling cartels like Oil and Gas and Wall Street.
Lately, they are protecting a vile street thug from Queens who turned the presidency into a lucrative family enterprise.
God forbid Mitch or Hatch ever think of such law or reform.
These two individuals had been in Congress since 1850. They are exemplary federal careerists. Instead, they are knowing to support any war anywhere, cut taxes for their super-wealthy patrons -who bankroll their endless Congressional careers- and give maximum incentives to poor struggling cartels like Oil and Gas and Wall Street.
Lately, they are protecting a vile street thug from Queens who turned the presidency into a lucrative family enterprise.
21
Our current system is if you have money or something that can be used as money, you don't have to sit in jail. If you don't have either of those things you sit in jail and that state pays for you to do so. That sums it up pretty well. It is a system that favors the rich and/or makes the taxpayers pay. How is that different from any other system we have?
15
It is not an issue of crime, but an issue of poverty. Judges can and do set high bail or no bail for the worst crimes (or when someone is deemed a flight risk). The issue is the situation where someone with resources can put up the bail and walk out, but a poorer person cannot. If we try to frame that in terms of risk of reoffending, then we are suggesting that poverty makes the person who committed a crime more likely to re-offend than the middle class person who committed the same crime. That's simply anti-poor bias.
That said, we do put the poor person in a more precarious life situation, which may eventually lead to more crime. The poor person stuck in jail (a place where most folks have not yet been convicted) is more likely to loose his job, then home. So the price he pays for a crime he may not have committed can be devastating to an already precarious life.
That said, we do put the poor person in a more precarious life situation, which may eventually lead to more crime. The poor person stuck in jail (a place where most folks have not yet been convicted) is more likely to loose his job, then home. So the price he pays for a crime he may not have committed can be devastating to an already precarious life.
71
We've got a president who pardoned a sheriff who flouted the law frequently and flagrantly enough to earn a contempt of court conviction. So we have greater problems than bail reform to be addressed--and soon.
66
Greater problems? So you dismiss this problem? That's not logical at all.
10
Simple, do both.
4
Judges in Ohio, like sheriffs and Prosecutor Attorneys, are elected officials and, not only that, they are allowed to run political campaigns, which always include at least one candidate who is "law and Order," meaning with them the jails will always be full. Combine that with a law and order mayor (holding the leash on his or her city's police chief) and the entire legal system seems to be about keeping communities safe by elected officials erring on the side of incarceration. "Law and Order" plays well on television, but it seems that the decision making of who is jailed and who is not is overwhelmingly decided by who has money and not nearly as much by what the crime was. By almost any measure, this legal system has flaws which get in the way of justice.
39
Here, here! And while we are talking about prisons let's look at what amount to debtors prison, fines given for low level offenses usually having to do with driving that keep people in jail for being poor and unable to afford the fine.
Everyone knows there are 2 systems of justice in the land of the free, the one for rich people and the one for poor people. Psst...the rich people rarely do time, remember the "Afluensa" brat? Remember the kid who was at Rikers for over a year awaiting trial for a book bag theft, and killed himself? Yeah, he had no money for bail "agents" either. Consider that Afluensa brat killed multiple people verses Rikers kid who (might have) stole a book bag.
Everyone knows there are 2 systems of justice in the land of the free, the one for rich people and the one for poor people. Psst...the rich people rarely do time, remember the "Afluensa" brat? Remember the kid who was at Rikers for over a year awaiting trial for a book bag theft, and killed himself? Yeah, he had no money for bail "agents" either. Consider that Afluensa brat killed multiple people verses Rikers kid who (might have) stole a book bag.
90
You forgot all the rich elites who had, have? cocaine parties without being raided and still have access to all sorts of illegal drugs without any recriminations.
8
“They’re sort of anti-American.”
That about sums up the feelings of people who are mostly Republicans. So Beth Chapman "likes" Rand Paul but doesn't "like "the people he's working with." Like Kamala Harris, another woman? Oh, and she's black? Oh, I see.
The wonder of this all is that Rand Paul would even be interested in legislation that might make it easier for those who commit misdemeanors to try to turn a corner. I would guess that most folks who try to walk out of a store because they couldn't afford to pay for what they wanted are not going to channel those funds to ISIS. But perhaps Jefferson Beauregard Sessions III, Donald Trump's attorney general, knows something none of the rest of us don't.
Having once experienced a "pre-trial release" for an offense that could have resulted in several serious injuries or deaths and led me to give up alcohol, I thanked my lucky stars that I wasn't jailed until a trial and lost my job in the bargain. The apparatus then in place freed me to leave the county jail determined never to drink and drive again. So mercy does have its rewards.
But the "president," as we now have him, appears to be the strictest "law and order type." The type, you know, where a sheriff disobeys a federal judge and continues to hound and search out people without papers after determining that they're not white. And, as president, you pardon the sheriff who has stuck his middle finger at the judicial system.
Bail for Joe Arpaio? Oh, I guess not.
That about sums up the feelings of people who are mostly Republicans. So Beth Chapman "likes" Rand Paul but doesn't "like "the people he's working with." Like Kamala Harris, another woman? Oh, and she's black? Oh, I see.
The wonder of this all is that Rand Paul would even be interested in legislation that might make it easier for those who commit misdemeanors to try to turn a corner. I would guess that most folks who try to walk out of a store because they couldn't afford to pay for what they wanted are not going to channel those funds to ISIS. But perhaps Jefferson Beauregard Sessions III, Donald Trump's attorney general, knows something none of the rest of us don't.
Having once experienced a "pre-trial release" for an offense that could have resulted in several serious injuries or deaths and led me to give up alcohol, I thanked my lucky stars that I wasn't jailed until a trial and lost my job in the bargain. The apparatus then in place freed me to leave the county jail determined never to drink and drive again. So mercy does have its rewards.
But the "president," as we now have him, appears to be the strictest "law and order type." The type, you know, where a sheriff disobeys a federal judge and continues to hound and search out people without papers after determining that they're not white. And, as president, you pardon the sheriff who has stuck his middle finger at the judicial system.
Bail for Joe Arpaio? Oh, I guess not.
64
Hmmm......
“A lot of them are running family businesses. They’re decent people trying to earn a living,”
Uh huh. I've heard this sort of impeccable logic many times. From politics to business, doesn't that about sum up the reason why corrupt systems always survive and flourish? Good people run their structure. Good people always run them, and are always aware of that which they do. Funny isn't it? It's a logic that would make those systems promulgated by everyone from Bernie Madoff to Trump, Shkreli to Putin and all the rest, proud. Good people sustain them all.
I think Edmund Burke summed it best; “The only thing necessary for the triumph of evil is for good men to do nothing.”
Or even better, participate and call it making a living.
So it goes.
John~
American Net'Zen
“A lot of them are running family businesses. They’re decent people trying to earn a living,”
Uh huh. I've heard this sort of impeccable logic many times. From politics to business, doesn't that about sum up the reason why corrupt systems always survive and flourish? Good people run their structure. Good people always run them, and are always aware of that which they do. Funny isn't it? It's a logic that would make those systems promulgated by everyone from Bernie Madoff to Trump, Shkreli to Putin and all the rest, proud. Good people sustain them all.
I think Edmund Burke summed it best; “The only thing necessary for the triumph of evil is for good men to do nothing.”
Or even better, participate and call it making a living.
So it goes.
John~
American Net'Zen
63
Cash bail is right up the with civil forfeiture in our continuing effort to make it a crime to be poor.
63
What laws do you agree people may ignore as long as they are poor, Ms. Simcoe? If they have no food, are they allowed to help themselves from a grocer's shelves? If they have no electricity or telephone, should they be allowed to hook up with a neighbor's utility lines? If they need money to pay rent and pay bills, is it OK if they sell drugs on the street?
The inmates in a county jail whom I tutor are there because they were accused of committing crimes -- drunk driving, drug pushing, child endangerment, theft, destruction of property. They're not crying "innocent;" mostly, they say that whatever they did was "no big deal." They are pretty poor, but no poorer than people I also teach who've never been accused of a crime. Not one of them is poorer than I, myself, have been.
I'm going to research the numbers of people who have been jailed who were innocent of the crimes they were said to have committed. I'll weep for them. But not all the others.
The inmates in a county jail whom I tutor are there because they were accused of committing crimes -- drunk driving, drug pushing, child endangerment, theft, destruction of property. They're not crying "innocent;" mostly, they say that whatever they did was "no big deal." They are pretty poor, but no poorer than people I also teach who've never been accused of a crime. Not one of them is poorer than I, myself, have been.
I'm going to research the numbers of people who have been jailed who were innocent of the crimes they were said to have committed. I'll weep for them. But not all the others.
Where in Maryellen Simcoe's comment does she suggest or hint that poor people should be allowed to ignore the law, any law?
1
The bail system, manipulated to punish the poor, may be the least of our worries. Of greater impact to twist the justice system into a weapon of the wealthy is the Trump-Republican strategy to fill federal judgeships with right-wing conservatives. Some are extremely distasteful, biased nominees.
Take John Kenneth Bush for instance, Trump’s nominee confirmed by the Senate for the Sixth Circuit. He has a history of blogging conspiracy theories, anti-gay views, white nationalism and the birther lie about President Obama.
During Obama's presidency, McConnell and Senate Republicans denied him not just a Supreme Court nominee, but over 100 federal judgeships which they are filling with the likes of John Kenneth Bush.
Justice in America has often been about how much you can afford. But that has more to do with the cost of attorneys. Trump and the Republican Party are bending the judicial system to their right-wing conservative ideology of white privilege and favoritism of the wealthy.
Take John Kenneth Bush for instance, Trump’s nominee confirmed by the Senate for the Sixth Circuit. He has a history of blogging conspiracy theories, anti-gay views, white nationalism and the birther lie about President Obama.
During Obama's presidency, McConnell and Senate Republicans denied him not just a Supreme Court nominee, but over 100 federal judgeships which they are filling with the likes of John Kenneth Bush.
Justice in America has often been about how much you can afford. But that has more to do with the cost of attorneys. Trump and the Republican Party are bending the judicial system to their right-wing conservative ideology of white privilege and favoritism of the wealthy.
19
"During Obama's presidency, McConnell and Senate Republicans denied him not just a Supreme Court nominee, but over 100 federal judgeships which they are filling with the likes of John Kenneth Bush."
This is the kind of statement that jumps off the page because it confirms my absolute worst nightmare--the Republicans, and the dark money that has bankrolled them quietly for decades, have played a waiting game. They dug in their heels, did as little as possible, and they waited. They waited for eight years. No wonder they didn't get a health care plan drafted. They were busy planning their strategy for filling all those judgeships. I am the furthest thing in the world from a conspiracy theorist, but this entire business of Koch money and meetings between Sessions, Miller, and Bannon two years ago! makes me extremely nervous. Donald Trump is the show onstage. Very few people are watching while the people he has appointed are taking down all the protections we have against racism at the polls, the withdrawal of health insurance, and the destruction of the planet. These judges are going to be in a position to do a heck of a lot of damage. And there are 100 of them.
This is the kind of statement that jumps off the page because it confirms my absolute worst nightmare--the Republicans, and the dark money that has bankrolled them quietly for decades, have played a waiting game. They dug in their heels, did as little as possible, and they waited. They waited for eight years. No wonder they didn't get a health care plan drafted. They were busy planning their strategy for filling all those judgeships. I am the furthest thing in the world from a conspiracy theorist, but this entire business of Koch money and meetings between Sessions, Miller, and Bannon two years ago! makes me extremely nervous. Donald Trump is the show onstage. Very few people are watching while the people he has appointed are taking down all the protections we have against racism at the polls, the withdrawal of health insurance, and the destruction of the planet. These judges are going to be in a position to do a heck of a lot of damage. And there are 100 of them.
16
Most people don't believe they could ever ever be a victim of the system, so expect no reform.
Like cancer, misfortune only happens to the OTHER GUY, right?
Like cancer, misfortune only happens to the OTHER GUY, right?
13
Alert to NYT Editorial Cabal:
We are greatly concerned about pundit Gail Collins. She wrote an entire column today without a single mention of Trump, Somehow Paul Rand crept in, but it's hardly worth mentioning.
No, we are not her "People." We are your non-Progressive readership and are concerned about Ms. Collins. Recently her stimulus response time between seeing the word "Trump" and soundly, roundly trumping him has led all journalists, including your own.
She has not regressed to anymore dogs on the roof stories either. We remain very concernced about her. Forthermore, we agree with her bounty reform proposal, and agreement with her on any topic has never happened before.
We hope all is well with her. To whom could we turn for pure, puerile entertainment?
We are greatly concerned about pundit Gail Collins. She wrote an entire column today without a single mention of Trump, Somehow Paul Rand crept in, but it's hardly worth mentioning.
No, we are not her "People." We are your non-Progressive readership and are concerned about Ms. Collins. Recently her stimulus response time between seeing the word "Trump" and soundly, roundly trumping him has led all journalists, including your own.
She has not regressed to anymore dogs on the roof stories either. We remain very concernced about her. Forthermore, we agree with her bounty reform proposal, and agreement with her on any topic has never happened before.
We hope all is well with her. To whom could we turn for pure, puerile entertainment?
5
Speaking of puerile, Lake... .
5
Yes, Rea, I'm waiting....
1
Seriously, though....I'm thrilled to read an NYT Editorialist's column and not find one mention of Trump. I can't stand seeing anything Trumpian anymore, even with Collin's twist of lemon.
A GPS-enabled and unremovable ankle or wrist bracelet, along with the turning in of a passport might be a more cost effective and humane solution.
I recommend that the bracelets be produced by the same company that makes those security ink tags for clothes as you can NEVER get those off.
I recommend that the bracelets be produced by the same company that makes those security ink tags for clothes as you can NEVER get those off.
21
Perhaps those who find themselves unable to safely remove those ink tags need to be wearing GPS ankle trackers, for obvious (and ironic) reasons.
1
Twice I have made a purchase of an item of clothing that the sales person missed removing the tag and the detector at the store door did not go off. When I got home and found one of them I simply returned to the store with the item and receipt and an employee removed the tag for me. The second time I was traveling and didn't find the tag until I had flown across most of the country and wasn't going back to the area where I purchased the item for months. Fortunately I was well known in my community and was able to find someone to remove the tag without destroying a valuable item. This is not an infrequent occurrence in this country with the unfortunate need to tag almost every clothing item in a store.
Money is a great differentiator in all aspects of justice in our country. One defendant can make bail and goes home; another cannot and stays in jail. One defendant can afford a fine; another cannot and does jail time instead. One defendant can afford a quality lawyer to defend him; another cannot, is represented by an overworked, resource-limited public defender and is found guilty when more thorough legal work could have potentially yielded a different result. A wrongful conviction is very difficult to reverse or expunge and can impact a defendant for the rest of his life, such as when he seeks a job, and many do not have the financial resources to fight to overturn it.
Constitutional protections are not granted only to those who can pay to benefit from them. The Harris-Paul bill seems like modest and much-needed reforms. No disrespect to Gail's grandfather or any other bail bondsman, but our Constitutional rights were not created to ensure a lucrative bail bonding industry.
Constitutional protections are not granted only to those who can pay to benefit from them. The Harris-Paul bill seems like modest and much-needed reforms. No disrespect to Gail's grandfather or any other bail bondsman, but our Constitutional rights were not created to ensure a lucrative bail bonding industry.
24
If poor people would restrict their crimes to assaulting anti-Trump protestors the President of The Divided States has promised to pay their legal fees. I heard him say it on TV.
29
Trump should not be given bail when the time comes.
36
Mrs. Dog-the-Bounty-Hunter should review Senator Harris' resume. She is a former District Attorney, and former Attorney General of California. She does not want to "abolish prisons."
64
Ah yes... another one of those great systems of private profiteering meticulously designed by the mostly upper classes to protect the real middle class Americans from flagrant abuses of the lower ranks of American society. You have to be Anti-American if you are poor, tired, hungry, or unemployed because why else would anyone be living paycheck to paycheck or in their car--it certainly couldn't be a broken capitalist system eating the crumbs from the pockets of the poor because the poor don't even seem to have the proverbial Church Mice on their side anymore unless they are willing to rally the local politicians to build that stupid wall to keep other, mostly, poor people from seeking a better life here with the "Real Americans". It is a darn good thing we are a classless society and that Charles Dickens went to his grave a long time ago. There is much to be mocked in our rich class-free society these days.
20
Could everyone please stop referring to those they just disagree with as "Anti-American"? Not only is it - at best - lazy rhetoric, it's doing us absolutely no favors in this increasingly polarized climate. Words matter. Labels matter. Just because a person is of a different political party or persuasion does not make their goals and priorities anti-American.
It infuriated me when Palin tried to label (more than) half the country as not "real" Americans, and this tactic infuriates me still. Americans live in cities and the country, are Democrats and Republicans and Independents, and a million other "opposing" things. And until we all acknowledge and accept that, we'll get nowhere.
It infuriated me when Palin tried to label (more than) half the country as not "real" Americans, and this tactic infuriates me still. Americans live in cities and the country, are Democrats and Republicans and Independents, and a million other "opposing" things. And until we all acknowledge and accept that, we'll get nowhere.
22
Just another way the rich get better treatment. And the world turns.
13
How much would you like to post that Beth Chapman voted for Trump and endorses his pardon of Arpaio?
16
The Harris-Paul bill, "modest" as it may be, is still a good starting point. Too often, those with the power of writing laws do not use their authority to make things better for the small people. What's worse, politicians sometimes try to score points by being punitive and calling it 'tough on crime.'
May this be a first step towards criminal justice reforms to come.
May this be a first step towards criminal justice reforms to come.
10
Charming story about a terrible, unjust system. But I'm sitting in San Antonio worrying not about the hurricane, but about the republic and rule of law.
Pardoning a contumacious racist violator of the Constitution and considered judicial orders, Trump has finally done it for me. Abuse of power - impeach him now.
Pardoning a contumacious racist violator of the Constitution and considered judicial orders, Trump has finally done it for me. Abuse of power - impeach him now.
29
My goodness, the US is #1 in the world for incarceration of its own citizens. C'mon make America even greater, lock up more and more.
Please note the sarcasm ...
Please note the sarcasm ...
25
Legalize pot and use the taxes to help reform our criminal justice system. Or we can continue to get nowhere doing nothing by locking up nobodies. Afghanistan is not America's longest running war, the war on drugs is the longest, wrongest and strongest reason for that reform. If they can't do all that, they should legalize pot anyway. (yes I know I wrote wrongest, what are you suggesting?)
8
The woman who smashed head-on into my nephew's car and killed him admitted that her medicine had made her a little whoozy. Then a guy driving his mother's car on the Jersey Turnpike plowed into my car and totaled it. He had been smoking pot.
Do you really believe, Mr. Gage, that folks will be smart enough, sane enough, humane enough to never drive, operate heavy machinery, be in charge of our little children, operate on us -- and so on -- while under the influence of drugs?
Do you really believe, Mr. Gage, that folks will be smart enough, sane enough, humane enough to never drive, operate heavy machinery, be in charge of our little children, operate on us -- and so on -- while under the influence of drugs?
1
The very sad incidents you list took place while driving under the influence of these drugs was illegal, so I think you've gone a long way towards establishing that the law is not working in this area. Perhaps we should find a different approach than making medicines and pot illegal, which did not prevent these tragedies.
So sorry for the loss of your nephew.
So sorry for the loss of your nephew.
1
Trump and Betsy DeVos have investments in private prisons so it behooves them to fill existing prisons beyond capacity to justify monies going to themselves and other supporters who invest in private prisons. This has nothing to do with what is legal or moral, of course, but there is nothing in Trump's presidency that is legal or moral. Follow the dirty money. It always leads to Trump.
24
For once, just look around you with open eyes. You'll see repeated instances of conduct that justifies incarceration. Society is better of when those who violate it's rules are removed from that society.
Gail, bail system reform is not high on my list of concerns but reading a column in which Trump is not once mentioned brings me great joy. Thank you.
10
How do the poor, homeless, disabled, elderly get BAIL, when they live day to day, and have little to nothing in their savings?
These people are not a flight risk. They have no money, or cars, or OPTIONS of any kind. But persons like Mitt Robme and Rick Scott are charged and convicted that THEIR corporations robbed Medicaid blind, no felony charge for stealing millions. They only had to pay a portion of their ill gotten gains and were/are able to run for POTUS!
These people are not a flight risk. They have no money, or cars, or OPTIONS of any kind. But persons like Mitt Robme and Rick Scott are charged and convicted that THEIR corporations robbed Medicaid blind, no felony charge for stealing millions. They only had to pay a portion of their ill gotten gains and were/are able to run for POTUS!
9
Gail Collin's grandfather is obviously an untapped well of authentic Americana worthy of his granddaughter, who truly is a modern day Samuel Clemens. Looking forward to more from both!
11
Witty article by Ms. Collins and appears she has regained he sense of humor, the ability to keep things light, while drawing attention to the unfairness of the current bail bond system. Already a senior citizen, my late sister was actually locked up in a Nassau County jail on a sheriff's order because of a discrepancy in her license, whether it had expired I do not recall, but this close relative was one of life's victims, and there was no reason to keep her behind bars even briefly.Thus, ,reform is needed, and support efforts for reform advocated by Senator Paul and his colleague. Perhaps he should have been our nominee in 2016 instead of The Donald, who often seems to be "winging it!". Also respected Senator's campaign against vaccines which are put on the market before actually being adequately tested, and was roundly criticized by the left,mainly that unfunny comedian,John 0liver, import from 0ld Blighty who could not make it back home, so has come over here to annoy us, and make condescending jokes about "petits blancs!"In any case, "chapeau" for Ms. Collins. Best article read in Times newspaper in months. Bravo!
4
It looks like the current turkey in the White House will be pardoning himself.
11
Reagan thought Psychiatry was a communist plot. Because of his policies, mentally ill persons that were once brought to state mental institutions are now brought to jail.
I thought Ronald R. was a little off kilter himself, but perhaps he had a cryptic, financial reason for his policy on the subject!
I thought Ronald R. was a little off kilter himself, but perhaps he had a cryptic, financial reason for his policy on the subject!
10
Since the days of the village blacksmith pounding on horseshoes for his customers and muttering about the incessant noise of the new combustion engines in the horseless carriages passing by, people whose jobs are threatened by progress get out of sorts easily.
A soon-to-be underemployed farrier wasn’t interested in being fair. He may have spoken to the town mayor over drinks about outlawing the noisy and dangerous new automobiles from the using streets.
Of course the nation’s bail bondsmen – excuse me, bail agents – oppose doing away with cash bail requirements for those accused of misdemeanors.
It doesn’t make the bail agents bad people for trying to block progress by holding onto a bad system which time has passed by.
The coal miners try to forestall use of natural gas, and they lobby to allow huge machines to cut off beautiful mountain tops on public lands into ugly, artificial mesas. The miners are afraid, even though the vast majority of mining jobs disappeared a generation ago and will never come back.
Progress has victims, but they usually don’t suffer as much as the millions of victims of an antiquated, unfair system.
America has more incarcerated people than any nation on the planet. A disproportionate number of those locked up people are poor and dark-skinned. Let's give them a break, whether Jeff Sessions likes it or not.
A soon-to-be underemployed farrier wasn’t interested in being fair. He may have spoken to the town mayor over drinks about outlawing the noisy and dangerous new automobiles from the using streets.
Of course the nation’s bail bondsmen – excuse me, bail agents – oppose doing away with cash bail requirements for those accused of misdemeanors.
It doesn’t make the bail agents bad people for trying to block progress by holding onto a bad system which time has passed by.
The coal miners try to forestall use of natural gas, and they lobby to allow huge machines to cut off beautiful mountain tops on public lands into ugly, artificial mesas. The miners are afraid, even though the vast majority of mining jobs disappeared a generation ago and will never come back.
Progress has victims, but they usually don’t suffer as much as the millions of victims of an antiquated, unfair system.
America has more incarcerated people than any nation on the planet. A disproportionate number of those locked up people are poor and dark-skinned. Let's give them a break, whether Jeff Sessions likes it or not.
360
The bail system is another form of income discrimination. If you're poor and awaiting trial you're often out of luck and often in prison. It is an obviously unfair system no matter how many people in the bail business are supporting families.
As Gail Collins notes, "The current system is generally terrible." There's no reason not to make it less terrible.
As Gail Collins notes, "The current system is generally terrible." There's no reason not to make it less terrible.
240
Great column as usual. Time for "bail agents" to take their investments and try another business. Entire businesses and fields change all the time, industries go away with new technology and new social standards, that is reality. Cash bail is clearly a flawed & injust system. Can the US please do away with private prisons also. Its just so depressing and terrible that entire regions, individuals, states want to profit from poverty and distress.
How about you former bail agencies try going into the amusement park business, or video games, or software, or a corner ice cream shop - something fun and positive - or if you like dealing with the underside how about a training program for underemployed, some social services at an affordable level, an employment agency that does not rip people off... the Chapmans can just make more TV shows but set them in the past, in the 20th to 21st C USA when it was OK to lock up poor people and throw away the key.
How about you former bail agencies try going into the amusement park business, or video games, or software, or a corner ice cream shop - something fun and positive - or if you like dealing with the underside how about a training program for underemployed, some social services at an affordable level, an employment agency that does not rip people off... the Chapmans can just make more TV shows but set them in the past, in the 20th to 21st C USA when it was OK to lock up poor people and throw away the key.
129
DC, the hotbed of experimentation by liberals, eliminated bail decades ago. Surely there are reams of research reports on what the results have been? Why aren't those reports mentioned here? Has the DC experiment reduced crime, reduced jail costs, had other effects?
1
Bail played a major role in the legal extortion that Ferguson, Missouri established, to extort fines and penalties from violators of low level crimes (misdemeanors) whose inability to pay ratcheted up to meet financial targets for the city set by city officials who were not police. With memos attached, the police turned enforcement into revenue collection; justice was forgotten. Law enforcement in Ferguson became a money machine that targeted those with the least ability to pay!
Ferguson passed new laws to enhance revenue collection through dubious arrests over which police had complete discretion. One of these laws was "manner of walking." That's right, in Ferguson, you could be arrested for your "manner" of walking! Black male youth, often pulled for this crime, felt it especially egregious. They often defied it by walking in the street. It became a cultural challenge, a passive aggressive confrontation to a ridiculous authority. the Justice Department review declared it vague and unconstitutional. But its underlying tension (civil liberty v. authority) led to tragedy. It led to Mike Brown's death.
Ferguson passed new laws to enhance revenue collection through dubious arrests over which police had complete discretion. One of these laws was "manner of walking." That's right, in Ferguson, you could be arrested for your "manner" of walking! Black male youth, often pulled for this crime, felt it especially egregious. They often defied it by walking in the street. It became a cultural challenge, a passive aggressive confrontation to a ridiculous authority. the Justice Department review declared it vague and unconstitutional. But its underlying tension (civil liberty v. authority) led to tragedy. It led to Mike Brown's death.
108
Gail, you mischaracterized your grandfather's letters to the judges. They were merely grounded in "alternative facts."
But seriously, this is what we have come to: “I like Rand Paul, but I’m shocked at the people he’s working with,” said Chapman in a phone interview. “They’re sort of anti-American.”
And short of a major legal scandal being fully exposed before 2020, this is the attitude that is going to allow President Trump one serve two-terms in the Oval Office.
Such a sobering though while reading an otherwise enjoyable column that largely ignores the elephant in the room.
But seriously, this is what we have come to: “I like Rand Paul, but I’m shocked at the people he’s working with,” said Chapman in a phone interview. “They’re sort of anti-American.”
And short of a major legal scandal being fully exposed before 2020, this is the attitude that is going to allow President Trump one serve two-terms in the Oval Office.
Such a sobering though while reading an otherwise enjoyable column that largely ignores the elephant in the room.
9
"The current attorney general, Jeff Sessions, doesn’t seem to have taken a public position on it."
His opposition to this bill will be ensured when Beth Chapman, the President of the Professional Bail Agents of the United States, sends a check to Senator Sessions' reelection campaign.
As always follow the money. Or wait until the money trail builds.
His opposition to this bill will be ensured when Beth Chapman, the President of the Professional Bail Agents of the United States, sends a check to Senator Sessions' reelection campaign.
As always follow the money. Or wait until the money trail builds.
25
Just because modern day bail agents are good people running a family business does not mean the entire system is not essentially foul smelling and destructive. Many players are decent people, such as the judges and lawyers and other civil authorities. But why is it asking to much for them all to step back, be even more decent, and have the larger view they are :"enabling " a destructive, counter productive system? More need to fess up and speak out and be voices for change.
15
Ah, the criminalization of poverty proceeds apace.
Using the justice system as Jim Crow works very well for the authorities.
And if somebody in charge is criminally cruel: oh yes, Trump pardons Arpaio. One ring to rule them all and in the darkness bind them.
Using the justice system as Jim Crow works very well for the authorities.
And if somebody in charge is criminally cruel: oh yes, Trump pardons Arpaio. One ring to rule them all and in the darkness bind them.
130
Side effect of jail is often the loss of votes. And it's not just about race, but about disenfranchising those with less. Roll back the 20th century fast.
17
But the Law, Susan! We must follow the Law and it is Fair.
2
Who was it that said "It ain't no crime to be poor. But it might as well be."? (Mr. Dooley, as I recall....)
4
The law is applicable to everyone ( from immigrants to Presidents ) otherwise there is no justice for anyone.
What does it say about the system overall, when only the privileged\wealthy are not only allowed to make the rules, but break them whenever they wish. ( or have their friends pardon them )
As well, all are guaranteed a speedy trial, which in some extreme cases can take up to years for any outcome. In the meantime, prosecutors are pressuring for deals just to clear cases and not gum up the dockets. ( at past maximum already )
Maybe the war on drugs could be stopped and the for profit prison\judicial industrial complex be rolled back too ?
Just a thought.
What does it say about the system overall, when only the privileged\wealthy are not only allowed to make the rules, but break them whenever they wish. ( or have their friends pardon them )
As well, all are guaranteed a speedy trial, which in some extreme cases can take up to years for any outcome. In the meantime, prosecutors are pressuring for deals just to clear cases and not gum up the dockets. ( at past maximum already )
Maybe the war on drugs could be stopped and the for profit prison\judicial industrial complex be rolled back too ?
Just a thought.
20
The bail system is actually perfectly sound. Bail is set if you're a flight risk or a danger to the community. Otherwise you are released. Your status is determined in a hearing argued by the prosecutor and the defense attorney. If it is later determined that the bail is excessive the defense attorney calls for a subsequent release hearing. In the end those who are dangerous or virtually certain to flee are held. All others are released. This is how the federal system works. It is basically just. In most states, however, multiple hearings are too expensive and so pretrial release is arbitrary. Over and over, people attack the criminal justice system for being unfair. But the real problem is that fairness costs a lot of money that nobody wants to spend.
6
You went from 'the bail system is actually perfectly sound' in your first sentence to 'But the real problem is that fairness costs a lot of money that nobody wants to spend' in your last sentence. Which is it?
26
Unfairness costs a lot of money, too. Extra hearings might be cheaper than keeping people locked up for extra days, weeks, or months (depending on the court backlog, which is backed up because courts cost a lot of money). The connection between spending less here and having to spend more there is usually quite opaque, but that does not mean it does not exist. The front end where money is saved and the back end where the results of this saving are paid for, come from different budgets. The first budgets (for determining if bail is necessary) are usually discretionary, so they can be trimmed and cut back. The second budgets (keeping people locked up if they cannot make bail) are much less discretionary; cut a jail's budget and people must be freed, or will escape or die with the attendant bad publicity.
5
"Bail is set if you're a flight risk or a danger to the community." Not true; that is the point of the column and many articles I've read (and more I haven't) about the way the bail system really works. Michjas, you are in a position to know better; why wear blinders?
8
The bail bond reform issue is part of the insidious connection between corporations like CCA, GEO, MTC that run for profit prisons and jails, and the millions of dollars in campaign contributions they give to Republican candidates at the state and national level. Republican legislative support for maximum minimum sentences has been profitable for private prison corporations. Republican legislators in 36 states in turn, have help pass maximum minimum sentencing laws. The apparent collusion is absolutely reprehensible.In 1972 there were 160 Americans incarcerated for every 100,000 people, currently there are 670. AG Jeff Sessions withdrew an Obama DOJ memo which had as its goal eliminating private prison incarceration for federal offenders.
78
This column highlights one of the obstacles to reform of the so-called criminal justice system. In a capitalist country, even government efforts to control crime will attract entrepreneurs looking to make a buck. Gail focuses on the role of bail bondsmen, but the list would include prison guards and construction firms that build prisons.
These groups develop a vested interest in preserving the status quo. Beth Chapman's candid statement about the need to make a living reflects an entirely legitimate viewpoint, but not the one that should shape policies that determine the rate of incarceration in this country. We lock up a higher percentage of our people than does any other country, and we impose punishments for even minor felonies that can restrict an indivifual's freedom for a lifetime.
We desperately need to reform a system that imprisons black and Hispanic Americans in numbers that amount to more than half of the entire inmate population. This outrageous statistic will not change until we truly embrace the legal principle of innocent until proven guilty. The pecuniary interests of bail bondsmen and prison guards must not block such vital reforms.
These groups develop a vested interest in preserving the status quo. Beth Chapman's candid statement about the need to make a living reflects an entirely legitimate viewpoint, but not the one that should shape policies that determine the rate of incarceration in this country. We lock up a higher percentage of our people than does any other country, and we impose punishments for even minor felonies that can restrict an indivifual's freedom for a lifetime.
We desperately need to reform a system that imprisons black and Hispanic Americans in numbers that amount to more than half of the entire inmate population. This outrageous statistic will not change until we truly embrace the legal principle of innocent until proven guilty. The pecuniary interests of bail bondsmen and prison guards must not block such vital reforms.
163
"It doesn’t make the bail agents bad people for trying to block progress by holding onto a bad system which time has passed by."
Making money off the backs of others is not justifiable, whether it is a small company or a large industry. You could say that about the cigarette makers who tried to slow progress in determining that smoking is linked to cancer. Or to the two health insurance companies in Chicago that just threw several thousand people out of work and sent their jobs to India because it was cost-effective. Or parents who hire nannies without paying taxes. No one forces any of those involved to work at those jobs.
Making money off the backs of others is not justifiable, whether it is a small company or a large industry. You could say that about the cigarette makers who tried to slow progress in determining that smoking is linked to cancer. Or to the two health insurance companies in Chicago that just threw several thousand people out of work and sent their jobs to India because it was cost-effective. Or parents who hire nannies without paying taxes. No one forces any of those involved to work at those jobs.
1
Mr. Lee, I offer just one correction to your excellent commentary. We currently do not limit strict punishments and outrageous bail requirements to those accused of minor felonies. Those draconian measures are often imposed on people who are charged with misdemeanors or even violations of civil rules like failing to screen their windows.
3
Our justice system is a sham when a young black woman can die in jail because she "changed lanes" and an old white man convicted for violating civil rights can avoid prison because of his political connections.
632
That's it in a nutshell. Scary & true.
9
Most state rules of criminal procedure say that OR (own recognizance) release should be the default position unless its a homicide case or there are extreme extenuating circumstances. ONLY IF you have no signifigant ties to the community, a serious prior record, previous instances of failure to appear, etc. should the Court consider setting money bail. In 28 years of practicing criminal defense, I've never seen a judge grant OR release absent legal argument by counsel. If judges are given discretion, they will always opt for money bail.
86
Let's tell that to Michjas. (See his comment slightly later.)
4
The richest of the rich destroyed the economy a few years back, and their punishment consisted of raking in multi-million dollar bonuses. But we can't seem to punish poor people enough.
I wonder if we tolerate this situation because it gives us a subclass of humans we can feel superior to. It's probably the same reason rich Republicans are so eager to take away health care options and slash the social safety net. Status is relative, and you can't stand above the crowd when everyone is doing pretty well.
The bail system ensures that people who can least afford it suffer the most. A fine of a thousand bucks is pocket change to some people, but it's ruinous to others. Maybe fines should be based on a percentage of one's wealth. I'd think the president ought to owe about a billion dollars by now.
But what price do we all pay when he starts wielding his power to pardon? The Joe Arpaio thing is the thin end of a scary wedge. Between that and the antics of Jeff Sessions, somehow I don't think justice is going to be served.
I wonder if we tolerate this situation because it gives us a subclass of humans we can feel superior to. It's probably the same reason rich Republicans are so eager to take away health care options and slash the social safety net. Status is relative, and you can't stand above the crowd when everyone is doing pretty well.
The bail system ensures that people who can least afford it suffer the most. A fine of a thousand bucks is pocket change to some people, but it's ruinous to others. Maybe fines should be based on a percentage of one's wealth. I'd think the president ought to owe about a billion dollars by now.
But what price do we all pay when he starts wielding his power to pardon? The Joe Arpaio thing is the thin end of a scary wedge. Between that and the antics of Jeff Sessions, somehow I don't think justice is going to be served.
541
Next thing we know, he'll be pardoning Dylan Roof and James Fields.
p.
p.
4
Does waive bail and grant release on the defendant's "own recognizance" still exist as judge's option for someone with no record/ history of showing up and for misdemeanor/some minor charges or not? I think option does exist.
Maybe judges find it too complicated to consider "own recognizance" for someone unknown, but otherwise deserving OR maybe judges are self-protective of receiving blame for a no-bail no show.
Both could be explained as a symptom of a world of imperfect technology and overwhelming caseloads, but do those same judges give "own recognizance" for some? Then, that would be problematic.
So, I guess I don't understand. Did judges already get "legislated" into Must-Post-Bail? Or is this proposed Harris-Paul bill basically a "legislated" solution to something already within judges power? If answers are "no" and "yes", then why create something that will increase no shows/subsequent crimes and most importantly will become a Republican stick?
Look, I'm all for helping poor presumed innocent people, so let's support subsidizing low-cost bail insurance for low-risk people below certain incomes, thus decreasing the jail costs to counties and also avoiding a hit later from a Republican stick.
I'm not big on insurance solutions, but it's a needed alternative in a bigger awareness campaign for families/organizations to have the immediate resources and quick delivery available.
Maybe judges find it too complicated to consider "own recognizance" for someone unknown, but otherwise deserving OR maybe judges are self-protective of receiving blame for a no-bail no show.
Both could be explained as a symptom of a world of imperfect technology and overwhelming caseloads, but do those same judges give "own recognizance" for some? Then, that would be problematic.
So, I guess I don't understand. Did judges already get "legislated" into Must-Post-Bail? Or is this proposed Harris-Paul bill basically a "legislated" solution to something already within judges power? If answers are "no" and "yes", then why create something that will increase no shows/subsequent crimes and most importantly will become a Republican stick?
Look, I'm all for helping poor presumed innocent people, so let's support subsidizing low-cost bail insurance for low-risk people below certain incomes, thus decreasing the jail costs to counties and also avoiding a hit later from a Republican stick.
I'm not big on insurance solutions, but it's a needed alternative in a bigger awareness campaign for families/organizations to have the immediate resources and quick delivery available.
4
Not only does it exist, but in most states, the law requires the judge to use OR as a primary method unless there's an argument against it.
What's completely missing from Gail's screed is data. How many on OR actually show? How many thousands of bench warrants were just thrown out in NYC due to people released on OR not every showing back up?
What's completely missing from Gail's screed is data. How many on OR actually show? How many thousands of bench warrants were just thrown out in NYC due to people released on OR not every showing back up?
1
Bail reform needs to be part of greater reform of our entire criminal justice system. I live in North Idaho, and possession of pot which is perfectly legal a mere twenty miles to the west might get someone 5 years here. The War on Drugs, much like the War on Terror, seems to be less problem solving than merely a money-making proposition.
254
The war on drugs also bankroll foreign criminals, including the Taliban, while criminalizing the poor at home. But don't expect Sessions to have any problem with that picture.
9
Actually the "War on Drugs" was conceived as a way to reduce the vote for Democrats, insuring a larger margin for Republicans. According to Richard Nixon's advisor John Ehrlichman, "by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."
5
The bail system is another way for certain people to get very rich at the expense of the poor. However we do want a system that brings certain perps back to court, so which ones should pay bail?
We see those accused of financial crimes posting bail, some times more than some of us will earn in a lifetime. These are people who can go to some place like Namibia, and live well. But $5000 bail for some $12 an hour petty offender is just makis things worse. As we have seen in recent surveys
"Half of all Americans have nothing put away for retirement and the vast majority of them have under $1,000 saved."
These are not people who can just run off to some place they cannot be extradited from. In California, it is mostly Mexican nationals who do not have drivers licenses. They go back leaving a family ending up on state aide.
That is a prime reasons they are now allowed to have drivers licenses here now. On the other hand those charged with felony offenses do need to be made to put up bail. They usually get the money from families or others who will see to it that they show up in court. You could lose your house if they don't.
Those charged with murder do not get bail in most cases anyway, except in manslaughter cases, some 2nd degree cases and the bail is pretty high.
I have seen cases where some who could not pay a traffic fine of $500, plead not guilty, had to wait 30 days in jail before a trial.
We see those accused of financial crimes posting bail, some times more than some of us will earn in a lifetime. These are people who can go to some place like Namibia, and live well. But $5000 bail for some $12 an hour petty offender is just makis things worse. As we have seen in recent surveys
"Half of all Americans have nothing put away for retirement and the vast majority of them have under $1,000 saved."
These are not people who can just run off to some place they cannot be extradited from. In California, it is mostly Mexican nationals who do not have drivers licenses. They go back leaving a family ending up on state aide.
That is a prime reasons they are now allowed to have drivers licenses here now. On the other hand those charged with felony offenses do need to be made to put up bail. They usually get the money from families or others who will see to it that they show up in court. You could lose your house if they don't.
Those charged with murder do not get bail in most cases anyway, except in manslaughter cases, some 2nd degree cases and the bail is pretty high.
I have seen cases where some who could not pay a traffic fine of $500, plead not guilty, had to wait 30 days in jail before a trial.
59
Well said, David Underwood. But also, not all felony cases are equal.
3
The entire system is ludicrous. If the accused is contesting the commission of a non-violent crime, no bail should be warranted (although it may be worth insisting that they hand over their passport and/or report in on a regular basis). For violent crimes (most especially by a repeat offender), no bail should be accepted: it's off to the hoosegow, unless it's very clear that evidence may have been tampered with or that police misconduct is otherwise involved. Open up prison space by liberating casual drug users but keep the cells occupied with those who've take advantage of our revolving-door judicial system.
46
Very interesting thoughts, Gail. I led a sheltered life in Jersey before I joined the Marines. I think it was then that I travelled to towns where people were killing each other. And that was before I left the U.S. for Vietnam. There were billboards advertising the services of bail bondsmen. I wondered "What the...???"
In Jersey (think "The Sopranos" or Scorsese's "Goodfellas"), suspects just got their lawyers to get them out.
But if folks who make a simple mistake can't get out of jail to tend to their families, then they need that service.
I know that Trump always enters conversations these days, and we're all hoping that Trump will have to avail himself of bail bond services. Evidently Arpaio won't need them.
Being a bail bondman must be a gutsy thing. I mean, what if the person escapes? My theory is that they'll impeach Trump and he'll escape to Russia. What then? I suppose that the Koch brothers could post bond for him.
On the other hand, there are millions of people who would gladly pay for a one-way ticket to Russia for Trump. But in my more animated thoughts, I envision the government's restoration of Alcatraz just for Trump. It's a little bit out of a Cagney movie where Bannon and Stone visit Trump in prison and promise him that the gang is still together, awaiting his direction. I think Sarah Huckabee Sanders is the gun moll.
Trump escapes, but the FBI chases him to the top of a coal fired plant that explodes in flames.
In Jersey (think "The Sopranos" or Scorsese's "Goodfellas"), suspects just got their lawyers to get them out.
But if folks who make a simple mistake can't get out of jail to tend to their families, then they need that service.
I know that Trump always enters conversations these days, and we're all hoping that Trump will have to avail himself of bail bond services. Evidently Arpaio won't need them.
Being a bail bondman must be a gutsy thing. I mean, what if the person escapes? My theory is that they'll impeach Trump and he'll escape to Russia. What then? I suppose that the Koch brothers could post bond for him.
On the other hand, there are millions of people who would gladly pay for a one-way ticket to Russia for Trump. But in my more animated thoughts, I envision the government's restoration of Alcatraz just for Trump. It's a little bit out of a Cagney movie where Bannon and Stone visit Trump in prison and promise him that the gang is still together, awaiting his direction. I think Sarah Huckabee Sanders is the gun moll.
Trump escapes, but the FBI chases him to the top of a coal fired plant that explodes in flames.
181
Charles, have you thought of working that up into a script and taking ti to an agent? Who would you cast to be the jail head at Alcatraz? Thanks for the chuckle.
9
I like your idea of Alcatraz reactivated w/1 star prisoner, Mr. Trump. Perhaps a wing for the family and cohorts. Still keep it a tourist attraction, like a deterrent and like Bedlam was in 1700´s England, a zoo for us to learn from the damaged people who have done off-the-charts illegal antisocial acts. No chance Trump in his physical condition could pull a Jack Lalanne and swim away from the Rock. SF could actually make some money from the tourism and pay some national tax to compensate for all the legal fees and security expenses.
9
Thanks--I needed that!
8
"Sheriff Joe," who openly defied the law, has been treated to a presidential pardon before even setting foot in a jail cell.
An indigent person accused of a crime, for which they have yet to be convicted, is treated like a criminal. In some cases, that label can be a self-fulfilling prophecy, as a person stuck in jail can then be found to have jeopardized their children and abandoned their job.
This is not a justice system.
An indigent person accused of a crime, for which they have yet to be convicted, is treated like a criminal. In some cases, that label can be a self-fulfilling prophecy, as a person stuck in jail can then be found to have jeopardized their children and abandoned their job.
This is not a justice system.
615
You nailed it, NM. Thanks. Maybe, knowing that others see the real point of Gail's piece, I can actually sleep tonight, this night when the president thought he could get away with this horrifying action. I wish for the safety of all those threatened by a monstrous storm and for all of us threatened by a monstrous president that defies the imagination even of those of us who've read our history. And thank you, Gail, again and again, for saying the right thing at the right time.
10
Good idea, Gail.
The bail bondsman profession is wrong on other levels besides the short term 10% usury. People with no money rot in prison awaiting trial before it's been proven that they are guilty. The system has spawned thousands of bail bondsmen, who have been glorified in TV shows. And let's not even talk about the bounty hunters, named Dog or otherwise.
In fact, the whole system attracts shady characters. Their soul brothers are today's Republican leadership, led by an incoherent faux tough guy and Alfred E.Newman's kid brother Jeff.
We're wasting out time proposing change while the Republicans are in power. Let's wait until the Democrats get in.
The bail bondsman profession is wrong on other levels besides the short term 10% usury. People with no money rot in prison awaiting trial before it's been proven that they are guilty. The system has spawned thousands of bail bondsmen, who have been glorified in TV shows. And let's not even talk about the bounty hunters, named Dog or otherwise.
In fact, the whole system attracts shady characters. Their soul brothers are today's Republican leadership, led by an incoherent faux tough guy and Alfred E.Newman's kid brother Jeff.
We're wasting out time proposing change while the Republicans are in power. Let's wait until the Democrats get in.
34
I'm a life long democrat, and I'm not holding my breath. They will figure out a way to lose in 2018.
2
Reforming the bail system would be a good first step toward leveling the scales of justice. As it is, people with money walk far more often than people without, not only when posting bail, but after dealing with the courts. Only a tiny few people could treat this situation with equal measures intelligence and wry humor. Thank you Gail, for holding court.
124
Excellent column, Gail, ranging from the tales of your grandfather to the plain common sense of bail reform. I love Kamala Harris's logic, and am delighted that Rand Paul is working with her. This kind of feel-good, good sense story shouldn't be as rare in Congress as it is nowadays, but it is. Thank you for writing it up.
301
Kentucky did away with bail years ago and went to a diversion system based on point allocation for various factors indicating whether someone will show up for trial. Our county uses a similar system based on the Virginia Pretrial Risk Assessment Initiative or VPRAI (google pretrial diversion and you will find tons of info - I did a lot of the research for the Probation Department to present to our Judges in order to get the system going.) Over the last two years, we have had over an 80% success rate (small county, low numbers, not statistically significant).
4
Since everyone reads Gail, I'll make my opinion known as a comment: I support bail reform.
But I'm not sure that Rand Paul drinks. I've had my run-ins with dedicated Libertarians, and I'm not actually sure they go to the bathroom. But Gail is welcome to try getting him and Ms. Chapman together over some libation.
As with anything we seek to liberalize, when millions of transactions take place a few mistakes are going to be made. I suspect, however, that we can trust most judges to discern the difference between those most likely to commit crimes of violence when on bail and those who aren't. But in the interests of a shared humanity there should be a safety valve available for those instances where prosecutors and judges, like some Libertarians, don't go to the bathroom.
But I'm not sure that Rand Paul drinks. I've had my run-ins with dedicated Libertarians, and I'm not actually sure they go to the bathroom. But Gail is welcome to try getting him and Ms. Chapman together over some libation.
As with anything we seek to liberalize, when millions of transactions take place a few mistakes are going to be made. I suspect, however, that we can trust most judges to discern the difference between those most likely to commit crimes of violence when on bail and those who aren't. But in the interests of a shared humanity there should be a safety valve available for those instances where prosecutors and judges, like some Libertarians, don't go to the bathroom.
22
imho, good comment ... (least said soonest mended)
4
Richard, I am .....shocked, surprised?....
I enjoyed reading your comment. I don't know what to say.
I enjoyed reading your comment. I don't know what to say.
4
R.L.: I think Ms. Collins was suggesting getting Sen. Harris together with Ms. Chapman "for a friendly drink."
2
That term isn't used by younger people, but they're living it.
Make a mistake as a financially struggling young adult and you risk getting crushed by the justice system.
No bail money, no release, loss of job, and then hundreds or thousands of dollars in fines.
Can't pay the fines? Go to debtors prison. Lose new job. Get more fines. You are now in a cycle that isn't easy to end.
Justice, politics, healthcare, and on and on. All the problems trace back to runaway capitalism and income inequality.
Pitchforks, anyone?