Michael N. Herring, the Virginia city’s top prosecutor, said his staffers will now recommend release without bail for most defendants. He said the cash bail system “strikes me as unfair” and does not ensure that accused criminals will appear in court.
Reducing US prison populations requires a strategy that engages all the players in the justice system, from courts to community residents to the media, a panel at NYU’s Brennan Center for Justice was told.
Progressive prosecutors and scientific pretrial release systems are reducing jail populations, say Jeremy Travis of the Laura and John Arnold Foundation and Maryland Attorney General Brian Frosh. New policies by newly elected Philadelphia DA Larry Krasner, including decriminalizing marijuana possession, were cited as examples.
In its first year, New Jersey’s historic bail overhaul slashed the number of people charged with minor crimes locked up until trial because they couldn’t post bail by 20 percent. Yet the system is “simply not sustainable” because it relies on court fees rather than the state budget, a report from the New Jersey judiciary says.
If you are released ahead of your trial date, you’re 14 percent less likely to be found guilty, according to an American Economic Review study. Compared to those who can’t make bail and are held in pretrial detention, your economic outlook is better too, researchers concluded in a study of court records in Philadelphia and Miami-Dade counties.
Leaders of the campaign to close New York’s notorious Rikers Island jail are celebrating the announcement that one of the facility’s nine detention centers will be closed this year. But they said that fundamental justice change requires reform of the money bail system.
The sentencing overhaul championed by Gov. Bruce Rauner has already cut inmate numbers by 7,000. But reforms at the county level, influencing who goes to prison in the first place, have been a critical ingredient in the state’s success—and could be a model for jurisdictions elsewhere.
Critics charge that despite claims of objectivity, algorithms reproduce existing biases, disproportionately targeting people by class, race, and gender. Reformers say another New York City bill, the Right to Know Act, doesn’t go far enough.