Bronx Charity Founder Wants to Pay Bail for Poor Defendants Nationwide

Bail bonds make billions of dollars for insurance companies. While the Anglo Saxon origins of bail apparently lie in a deposit of money to assure that the victim will be compensated in case the dispute is not resolved, the evolution of big business has taken us far from these justice oriented notions.

Frankly we shouldn't be charging bail for non violent crimes unless we're dealing with a repeat offender. The fact that we need such a program says a lot about our criminal system, none of it good. Our bail system is the modern version of debtors prison. Capitalism has its place but it doesn't belong in our criminal system on any level.

As a long time police officer, bail, as currently set, is not equitable. Judge Bruce Wright said so several decades ago. He was correct then as it is correct now. Although some states use bail as preventive detention, it is not the case in NYS. The only equitable means od assessing bail would be as a percentage of net worth. This would never happen because the aristocracy would also be incarcerated. In NYS the sole purpose of bail is to insure ones appearance in court. Although I am far from being a liberal, fundamental fairness must be the bedrock of our Criminal Justice System.

I don't quite understand the logic of paying for bail in these cases, rather than posting the bond itself. Bail, while the smaller amount, is not returned, and therefore constitutes a loss. Whereas posting the bond money, while 10-times higher, is returned in full, and can be re-posted for another defendant without loss. If nothing else, it would be well worth examining whether posting the bond could be used in a substantial number of cases so as to help keep the fund alive without having to rely on so much ongoing funding.

I visited the Bronx Freedom Fund website through the article's link hoping to find a way to help. I was surprised to read that the fund has provided about 600 bails so far in 2017 to a pool of arrestees that the Fund says numbers in the thousands. That is impactful work, for sure, but it does raise questions, questions that perhaps the journalist should have asked. Will the 95 percent return appearance rate hold up when a higher proportion of cases are included in the program? And, how prepared are the leaders to manage a rapid expansion to a 50 million dollar fund into cities across the country that are much different from the Bronx, and in which they will be distinct outsiders?

Bail funds are well-intentioned, and do excellent work. But the elephant in the room remains: Why is money bail needed at all? The city already uses a validated risk assessment and releases thousands of people on their own recognizance. For those not released on such a promise to return, the lower cost of using a validated risk assessment and assigning an appropriate level of supervised release are already being used successfully but not to full capacity. The bail fund already does that —namely, work closely with the attorney to keep the defendant in close contact to assure their future court appearance and avoid behavior that can lead to future arrest, not a $500 cash bail, which is not the defendant’s money.

The charity might as well throw the money in the toilet. The bail money will waste away slowly but surely.

It's all about profit, isn't it? Not about 'rehabilitating' people. It's not about keeping communities 'safe' from backpack thieves or people with more than an ounce of marijuana. Profit is the motive for our prisons, for the bails being set for petty criminals. It's repulsive. And then on top of that, you see these predatory 'bail bond' shops in poor neighborhoods. It's all quite revolting. Thank you to Ms. Steinberg and her supporters, for taking on this cause, which many in the community would tend to look down upon, not wanting to try and see the big picture or give people a chance.

I've been donating to the National Bail Out for a while now, so is the Freedom Fund actually the first national bail fund? Seems like you are whitewashing the movement against cash bail systems by not mentioning the fund that has already been in operation to address systemic racism by black people. Am I missing a specific nuance between to the two?

To the nayayers: Better a guilty person go free than executing an innocent person. Justice is not completely blind or equal. Bravo to Ms. Steinberg! We need more like her.

Wonderful Ms. Steinberg!!!!!!!!!!

...........and justice for all......a phrase from the "Pledge of Allegiance to the flag....." The truth is, this phrase exists only on paper, does not apply for people of color, poor people. The current resident of the White House, with his limited knowledge of what America once was, no doubt would eliminate the phrase on paper and in practice. Not his problem, after all the wealthy can buy their justice.

I suspect that bail in the 21st century is one more way to get revenue for the court system. Court systems around the country are poorly run, to say the least. I don't know why there are so many incompetent people working in the system, but they cannot be fired as they are a part of the public service union. So, while bail should never be a source of revenue, can we just admit that it needs to be eliminated for those that prove they have no ability to post bail? I am not for just releasing criminals on their own recognizance. Especially those that have committed burglary, rape,aggravated assault, or any other crime in which there is a victim. Why can't those that cannot pay be released with an ankle bracelet or some other means where technology is used to make sure they show up to court? Certainly there can be a compromise that allows non-violent suspects their day in court without having them sit in jail? Lastly, anyone that doesn't show up to court (i.e. jumps bail), should be arrested with no bail possible. That is key to having a civil society and it gives those that are arrested for a minor infraction OR a crime they didn't commit the chance to live responsibly while they await trial. Again, this would demand a competent group of court employees that actually do their jobs. We currently have over 100,000 standing arrest warrants in our county alone; they will not be arrested until they are picked up for a traffic violation - not 'enough' manpower. ??

In the early 1970s in Chapel Hill NC, I had a friend named Jack Lasley. A lawyer and a Quaker, he wrote a book titled My Country Right or Wrong. Though he lived modestly, he had a lot of money, and during the 1971 May Day protests, he went to DC with a pocketful of cash (thousands) which he used to bail out protestors who were arrested and jailed (he didn't ask for repayment). He told me money was power which could be used to "right wrongs."

I'd say this problem seems to be the opposite of what "America" stands for, but it is clear that "America" has always been all about crushing the poor, the desperate, the non-white, the sick. I'm grateful there are still some who hope, and work for a more perfect union. Maybe it's getting older, but I find it hard to believe in a better America, not when plutocrats control executive, legislative branches and are packing the judiciary with social media celebrities qualified only by Hillary hate. I will be waiting for the SC to rule on gerrymandering, as that case is literally the hill on which our grand experiment will die.

Wait until they pay bail for a client who is released and kills someone

What a wonderful project! Thank you. Bail is so punitive. It should be made proportional to the defendant's new worth. Statistics show that 47% of Americans do not have $500 for an emergency and cannot afford a $500 bail, resulting in often severe consequence. For the other half, the temporary $500 bail is not an issue. That is not justice.

Bless her soul.

The injustice of our Justice system. Sad commentary on our country that once again a charity must step forward to solve a major problem, rather than our local, state or federal government.

I am amazed at the things people are able to accomplish.

I'm glad the Times is reporting, again, on the outrageous classism of our local, state and federal criminal justice systems, and it is great see Robin Sternberg trying to expand the progressive efforts that have long been at work in New York. Another New York woman who has long fought these battles, Ann Jacobs (who used to run the Women's Prison Association) once said to me that our jails and prisons are as much to keep the public out -- out of awareness of the inhumanities and injustices -- as to keep inmates in. Criminal justice and incarceration of others (like undocumented immigrants) is one of the great inequities of our day. The way we treat people who are arrested is broadly outrageous. From our police, to our court and penal employees, to our parole and probation departments, our housing and employment restrictions, people are treated disrespectfully, unfairly and too often inhumanly. Not only are those arrested affected, but so too are their children, families, friends and employers. These are issues that advocates like Robin address, but the real need is bigger. As a society we must ask ourselves why we are so eager to expel those who are accused of certain infractions, why we do this to the poor and overwhelmingly the non-white, and for how long we are willing to live under a system that mocks our democratic ideals.

The 'Freedom Fund' can do do as they like with their money. But what do these very naive people consider 'minor' offenses? Robbery, burglary, or what?

This is fantastic and desperately needed! We should all donate. It's like debtors prisons.

"Innocent until proven guilty" should not contain the fine print of "locked up until the trial" for those too poor who cannot afford bail for possible misdemeanours. I applaud this program, Ms. Steinberg and the philanthropists who understand that America benefits from keeping people at work, families together and providing for less strain on the prison system.

As a former prosecutor and defense attorney, I have seen the bail system have negative effects for many charged with a crime. Not only are the poor negatively impacted when they are not allowed out to work and support their families, but those of more "middle-class" means are pushed into poverty by arrests. Many people live in a situation where they are one paycheck away from homelessness and potentially losing their children. Middle class people are in a little better shape, but most can't stand to lose one or two paychecks without it adding ripple effects to the family. A middle class defendant in jail pushes the family into poverty often, especially when the defendant is the sole support for his/her family. Cash bail impacts families as often as it does an individual defendant. A family can be impoverished for something as simple as a DUI. It will take a lot to convince prosecutors that the defendants and their families are better off without jail being preferred treatment. Many cannot see that bail is imposed more stringently on minorities. Many prosecutors use jailing before trial as a coercive instrument to force a plea bargain. That is not right, but it happens. This effort to post cash bail for the working poor and indigent defendants will help many families avoid poverty. We should all support that.

As someone who lives in The Bronx and just a few blocks away, I've been able to witness the transformative change that The Bronx Defenders along with Bronx Freedom Fund has had on the community. I am beyond thrilled to see that this will now begin a nationwide push to address a problem that disproportionately impacts low income people and communities of color.

Only thing is....if ya do the crime ya do the time....although all of it is costing the LEGAL AMERICAN TAXPAYER untold MILLIONS to babysit thugs and illegals.....