money bail industry
Molly Crabapple (@mollycrabapple) tweeted at 6:49 AM – 9 Jun 2018 :
Kalief Browder spent 800 days in solitary confinement because he couldn’t afford bail after being accused of stealing a backpack. To understand how this happens check out @JohnLegend and my VIDEO https://t.co/IVlcDzpYHy #EndMoneyBail (http://twitter.com/mollycrabapple/status/1005431810933870592?s=17)
actually #endprison et al
On Tuesday, a woman who couldn’t afford her $1,500 bail killed herself in a Texas county jail.
Almost 90% of my clients can’t make bail of just $500.
Instead of donating to #PeterStrzok’s GoFundMe, please donate to @BKBailFund who pay bail for those who are unable up to $2,000. https://t.co/vyZOwHYYZT
Original Tweet: https://twitter.com/DrRJKavanagh/status/1030446269242789888
Frank Pasquale (@FrankPasquale) tweeted at 9:29 AM – 22 Aug 2018 :
“Poor people (and especially poor women), these books argue, are in fact seen too much—they are surveilled and imprisoned, monitored and fined. They are trapped within a social panopticon that permits and encourages their constant observation”
Money bail is probably the best known version of the way that simply not having ready access to hundreds or thousands of dollars can turn you into a prisoner.
This shadow population of imprisoned people—often totally innocent and not even charged with a major violation of the law—exists because of cash bail. People accused of minor violations can be asked to post bail worth hundreds or thousands of dollars. A middle-class person in this desperate situation could come up with the sum; people who are unemployed, eking out their existence amid the scraps of the social safety net, or living paycheck to paycheck cannot.
A noteable example of this is the horrific and Kafkaesque case of sixteen-year-old Kalief Browder,
But Edelman emphasizes that Browder was essentially locked up and subjected to the psychological torture of solitary confinement because he did not have access to the money to pay his bail. Poverty made him a person who had no rights that the state was bound to respect.
Quinn Norton (@quinnnorton) tweeted at 2:29 PM on Tue, Aug 28, 2018:
More details on California eliminating money bail. The world just got a little better.
Quinn Norton (@quinnnorton) tweeted at 2:37 PM on Tue, Aug 28, 2018:
Maybe next the California legislature can automatically expunge the criminal record of everyone with a pot-related felony, no?
deray (@deray) tweeted at 5:47 AM on Thu, Aug 30, 2018:
California Ended Cash Bail. Why Are So Many Reformers Unhappy About It? https://t.co/OS6nj6HKkk
What’s the problem? The new law, which will take effect in October 2019, will replace the old system of money-based freedom with a new one of risk assessments and preventive detention. In critics’ eyes, that means California will continue to give local judges the sweeping authority to keep people incarcerated before they’re convicted of anything.
some groups in California and around the country now worry that the nation’s largest state has embraced a well-intentioned but wrongheaded proposal that could fail to diminish—and even drive up—the numbers of people detained before their trials, undermining a broader movement to move away from incarceration. And they fear for the ripple effects when California, as it so often does, leads the way.
Critics fear the new law will institutionalize racial bias, as judges will still retain the ultimate authority to decide whether to detain someone before their trial.
The real goal was fewer people in jail before trial. They now worry that California will head in the opposite direction.
“We had not been fighting for preventive detention, the expansion of judges to hold just about anybody they want to hold as a replacement to the bail bond industry.”
“They co-opted the bail reform movement to test out a new preventive detention system,” he says.
It seeks to make objective assumptions about who is detained by mandating the use of pretrial risk assessments, which sift through factors like criminal and employment history to project future behavior. By buttressing judges’ discretion with “gobs of data,” says Martin Hoshino, administrative director for the Judicial Council, “the research suggests you’ll get better outcomes.”
But advocates warn that those tools are compromised by the biases that underlie the deeper structural problems with America’s justice system.
“This bill unfortunately is going to lead to people being held in preventive detention based on government’s assessment of who’s risky and who’s scary,” says Robin Steinberg, CEO of the Bail Project. “That’s a terrifying idea,” she says, warning of “a pretrial services industrial complex that will inevitably grow to become a massive governmental administration.
the bill “is going to give more power to our judges.”
“There’s still tremendous bias in our district attorneys and how they charge poor people for higher crimes, and there’s still bias in our judges and how they look at people of color and people who are poor,” she said.
“History will show that using a risk assessment system will be the way to go.”
“These types of reforms are generational,” says Joshua Norkin, who coordinates the New York Legal Aid Society’s decarceration project, “and if you give up an opportunity for a substantial reduction in the jail population by passing a watered-down reform, then you may give up an opportunity to revisit that issue for another 20 years.”
actually #endprison et al
Frank Pasquale (@FrankPasquale) tweeted at 4:23 PM – 9 Sep 2018 :
“‘We are replacing money bail with an even more harmful system of profiling.’ There is no evidence suggesting that these kinds of algorithms have produced positive changes when implemented”
Oliver Bullough (@OliverBullough) tweeted at 5:26 AM – 21 Sep 2018 :
“Punishable by a fine” translates as “legal for rich people”.
via dn fb share
The Robert F. Kennedy Human Rights group has announced plans to bail out more than 500 women and teenagers from Rikers Island in New York in an attempt to show how the current bail system criminalizes poverty.