Which judges are calling for reform to the bail system?
[ Peter Krouse / Cleveland.com] Judges are also calling for reform to the bail system, including California’s Chief Justice Tani Cantil-Sakauye and former New York Chief Judge Jonathan Lippman. [ Jonathan Lippman / Washington Post]
How does New Jersey’s bail reform affect pretrial detention?
New Jersey and D.C. became the first jurisdictions in the United States to eliminate money bail in 2014. This bail reform legislation has already limited pretrial detention, saved money, and ensured court attendance — all undeniable benefits. New Jersey has seen a 20 percent drop in the number of defendants held in detention while awaiting trial.
How can a judge make a fairer bail decision?
By giving another look at each assessment’s components, a judge can make a fairer bail decision. Public pressure can lead judges to set an unusually high bail in proportion to the crime rather than the danger the defendant poses.
What is the biggest obstacle to reform of money bail?
In states and cities that want to reform their use of bail, the biggest obstacle remains the bail bond industry. For-profit bail bonds are legal in almost every state. Money bail has been taken over by private companies that make profits from those who cannot afford it.
What is the current criticism of the bail system?
Critics of cash bail say that the system unfairly targets poor people as an individual's ability to get out of jail before their trial becomes solely based on whether they can afford bail.
Why is the bail system unconstitutional?
Current bail practices are unconstitutional because they violate the rights to due process and equal protection under the Fourteenth Amendment, the prohibition against excessive bail found in the Eighth Amendment, and the right to a speedy trial guaranteed by the Sixth Amendment.
Do you think the US bail system is fair Why or why not?
0:346:48Is the U.S. Bail System Fair? - YouTubeYouTubeStart of suggested clipEnd of suggested clipIt's been practiced for centuries. But critics think it creates a two-tiered justice system whereMoreIt's been practiced for centuries. But critics think it creates a two-tiered justice system where the rich get to go home while the poor have to stay behind bars.
What is the role of the bail bondsman in the US criminal justice system?
If a defendant employs a bail bond agent to pay the bail, the agent acts as a surety, telling the court that they (the bond agent) will pay the full amount of the bond if the defendant fails to appear in court. Bail bond agents typically collect a fee of about 10% to 15% of the total bail.
Does bail violate the Constitution?
Under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, cash bail systems are unconstitutional because they impermissibly discriminate against indigent persons and fail under heightened scrutiny.
What is the purpose of bail?
Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine. It is not supposed to be used as punishment. The purpose of bail is simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present.
What are some issues with the bail system in the United States?
Several states and cities around the country are reducing or ending their use of money bail. The money bail system in the United States criminalizes poverty, destroys lives, and wastes public resources while failing to make us safer.
How does bail affect poor?
“With Money Bail, System Continues to Criminalize Poverty” “What money bail can do is cause people to be incarcerated unnecessarily. This can seriously destabilize people's lives — and in turn, their families and communities — by causing them to lose their jobs, homes or children.”
What can replace the bail system?
California may replace cash bail with algorithms — but some worry that will be less fair. A fight over replacing bail with "risk assessment tools" has split reform advocates. Some fear the change will worsen anti-Black discrimination.
How does bail work in the Philippines?
Bail bond is like a check held in reserve: it represents the person's promise that he or she will appear in court when required to. The bail bond is purchased by payment of a non-refundable premium (usually about 15% - 35% of the face amount of the bond).
How does the bail bond system work?
Bail bonds work by allowing a defendant to post bail that he or she would not have otherwise been able to afford. The bail bondsman posts the full amount on the defendant's behalf. The defendant pays the bail bondsman a percentage of the bail amount – usually 10 percent. This payment is nonrefundable.
Why is bail bond important?
If the defendant fails to appear before the court, he usually owes bail. The bond is intended to ensure its appearance. When an agent client does not appear, it is generally expected that he will track down, apprehend and jail the suspect or bring him before the court.
Who said that everyone wants the criminal justice system to be fair?
Sébastien Thibault. Everyone wants the criminal justice system to be fair. Whatever one’s values, political affiliations, or ideology, an unfair criminal justice system is a faulty criminal justice system.
How can overrepresentation of men in prison be remedied?
The overrepresentation of men in prison could be easily remedied. One could decide to treat men and women differently. One could stipulate that violent crimes committed by men were less serious than violent crimes committed by women and that, therefore, incarceration was less appropriate. This would increase fairness in outcome while decreasing ...
Why is equality of outcomes not possible without inequality of treatment?
Because men are in fact far more likely to commit violent crimes, equality of outcomes cannot be obtained without inequality of treatment. Second, data must be routinely collected and competently analyzed to properly address fairness in the criminal justice system.
Why is there so much controversy about fairness?
Why then is there so much controversy about fairness? One important reason is lack of clarity about what fair ness means. Even when clear conceptions of fairness are provided, there can be several different kinds that are in conflict. For example, men are vastly overrepresented in prisons compared to women.
Is there a middle path to justice?
There is a middle path. First, there needs to be far greater clarity about what fairness means in the criminal justice system and a recognition that there are several different kinds. There will be tradeoffs—you can’t have it all.
What is the most difficult assessment a judge must make?
Perhaps the most difficult assessment a judge must make is in deciding bail. The various articles in this issue raise the inherent difficulties with a cash bail system, but for the vast majority of judges, that is the system they must implement . . . at least for now. Judges know they must be competent in the law and perform judicial duties without ...
When does a judge comply with the Code of Judicial Conduct?
A judge technically complies with the Code of Judicial Conduct when the bail decisions are within acceptable ranges, when they are applied equally to those similarly situated, and where all the relevant factors are considered by the judge on the record.
What is the difference between a defendant of means and a defendant who commits the same offense?
A defendant of means will be released given that approach, whereas a defendant who commits the same offense but does not have cash resources will be incarcerated. While technically treating both defendants “the same,” we know that there is an inherent unfairness in the outcome.
What does it mean when a judge applies an assessment tool?
A judge who applies the assessment tool and accepts its outcome of “high risk,” without further thought in its application, does not fulfill the responsibility of acting without bias or prejudice. By giving another look at each assessment’s components, a judge can make a fairer bail decision.
Who is the executive director of the Alaska Commission on Judicial Conduct?
Daniels so eloquently expresses: Judges must have the intellectual honesty to reexamine bail practices that make no sense and the moral courage to correct what is wrong. n. Marla N. Greenstein is the executive director of the Alaska Commission on Judicial Conduct.
Do judges have to be competent in the law?
Judges know they must be competent in the law and perform judicial duties without bias or prejudice (ABA Model Code of Judicial Conduct Rules 1.1, 2.2, 2.3). And yet, the bail system as created by law gives little legal guidance in any individual circumstance and we know , from the research, inherently incorporates bias.
Why is money bail bad?
Money bail makes it worse. The money bail system only exacerbates the existing, egregious disparities in our justice system. American courts set significantly higher bail amounts for black individuals than they do for white individuals, which is only compounded by the likelihood that people of color are more likely to serve pretrial time ...
Why do criminals have to pay a deposit?
It requires accused criminals to pay a deposit to secure their release from jail and incentivizes their court attendance on the day of trial (at which point the money is refunded). But in practice, it falls well short of this ideal. Our criminal-justice system allows for a great deal of discretion, with leeway granted to police officers ...
What is the criminalization of poverty?
The “criminalization of poverty,” as former Attorney General Loretta Lynch calls it, is a rampant problem in the United States. Americans in lower socioeconomic classes (particularly the homeless) face increased risk of search, arrest, and harassment by law enforcement, in addition to difficulties finding available and invested defense counsel.
Do black people serve more time in prison?
Discrimination also happens at later stages in the justice process: On average, black citizens serve almost as much time in federal prison for a drug offense as whites serve for a violent offense; and for violent offenses, black Americans are more likely to serve a greater portion of the maximum sentence than are whites.
What does it mean when a judge sets bail?
For the system to function, there must be pleas. By setting bail, judges accomplish two things: They cover themselves politically if a defendant goes out and kills someone (because at least they set bail rather than releasing anyone), and they fundamentally alter the criminal justice playing field by dealing the prosecutors an essentially unbeatable hand.
What is bail on HBO?
On Sunday, John Oliver devoted the majority of his HBO show to America’s broken bail system. “Bail” is the cash or property equivalent demanded of arrestees as surety —an assurance that they will return to court to face trial on the charges they have been accused of. The theory goes like this: Make someone put up $500 (or $500,000) ...
What to do once you are in jail?
Because once in jail, people are faced with a terrible choice: Plead guilty and go home saddled with a criminal record, or maintain innocence and remain in jail. Spend a night or two at a place like Rikers Island and you’ll understand why almost everyone opts to just plead and go home.
Why is the charitable bail fund important?
By contrast, because the charitable bail fund model works with defense lawyers to ensure clients return to court, it is able to assist clients in seeking services they might need without mandating that they do so.
How many criminal cases were arraigned in 2013?
In 2013, New York City arraigned 365,752 criminal cases (a number that does not include more than 450,000 summonses).
Does a body in jail stay in jail?
There is a vaguely Newtonian truth of criminal justice: A body incarcerated tends to stay incarcerated. A body at liberty tends to stay at liberty Much like a phase change in physics, sending someone to jail takes a great deal of effort, and getting him or her out of jail does as well.
Is pretrial service a felony?
Advertisement. Pretrial services is a terrific model in felony cases in which high bail would normally keep someone in jail and a certain amount of monitoring may be warranted. But unfortunately, fewer than one in 1 in 7 cases is a felony and fewer still are violent felonies. But all those misdemeanor cases (assuming one can post bail) ...
What percentage of inmates are held on bail?
1. What we know about bail. Nationwide, more than 60 percent of jail inmates are jailed pretrial; over 30 percent cannot afford to post bail. Black and Hispanic defendants are much more likely to be held on bail than white defendants.
What is the role of bail bonds?
The Role of the Bail Industry. In states and cities that want to reform their use of bail, the biggest obstacle remains the bail bond industry. For-profit bail bonds are legal in almost every state. Money bail has been taken over by private companies that make profits from those who cannot afford it.
What is the Dallas County bail system?
constitutional violations in its cash bail system. According to the complaint, Dallas County operates a two-tiered system in which poor defendants are detained indefinitely while wealthy defendants purchase their freedom pretrial.
Why are prosecutors important?
While judges are the ultimate gatekeepers, prosecutors play an important role in the process and can advocate for bail reform, screen cases early, and establish a presumption of recommending release.
Why are people locked up on bail?
They often are locked up only for inability to pay the amount determined by a judge, frequently based on a preset bail schedule, and not because of an individual assessment based on risk or threat to public safety.
What is the FJP?
Fair and Just Prosecution (FJP), a group that brings together newly elected local prosecutors to promote “a justice system grounded in fairness, equity, compassion, and fiscal responsibility,” urges all prosecutors to “publicly support the elimination of money bail.
How many people are in jail for Humphrey's release?
And in fact, it decided to do just that in May , just weeks after a judge finally agreed to Humphrey’s release. As many as 500,000 people are held around the country in local jails because of their inability to pay bail, mostly for low-level offenses.
What are the three stages of bail?
The issue of bail can arise at three stages in the criminal process, at the police, at the trial stage and at the appeal. In other words, three types of bail exist, namely: Bail by the police. Bail by the court pending the final determination of the matter, and. Bail pending the determination of appeal [51].
When an individual is taken into custody by the police or remanded in prison custody by the court, is
When an individual is taken into custody by the police or remanded in prison custody by the court, that person is legally presumed innocent by virtue of section 36 (5) of the Constitution because he or she has not been convicted of any criminal wrongdoing.
What is the ACJ bill?
The Presidential Committee on the Reform of the Administration of Justice (PCRAJ) came up with the Administration of Criminal Justice Bill, 2005 (ACJ Bill) meant to replace the present Criminal Procedure Code and Criminal Procedure Act for the Northern and Southern parts of Nigeria respectively.
What is a remand in prison?
The term “Remand” is used to illustrate a situation where a suspect who is charged with an offence is ordered by a court of law, to be kept in prison custody, pending his bail, ultimate trial or release on the advice of the DPP [19].
What are the conditions that are harmful to the health of inmates?
Conditions such as overcrowding, poor sanitation, lack of food and medicines and denial of contact with families and friends fall short of UN standards for the treatment of prisoners.
What is the consequence of the 1999 Constitution?
The consequence is that investigations continue indefinitely while suspects fritter away in the police cells or prisons. By virtue of section 35 of the 1999 Constitution [1], every person is entitled to his personal liberty.
Does the Constitution require a bail bond?
The Constitution did not make explicit provision on the quantum of bail bond required for bail. Section 120 of the CPA provides that the amount of bail to be taken in any case shall be in the discretion of the court by whom the order for the taking of such bail is made, shall be fixed with due regard to the circumstances of the case and shall not be excessive. [80]