A recent study of misdemeanor pretrial detention in Harris County
Texas has found that money Bail Bond Services actually increases risks to public safety and affects case outcomes.
Money bail has created a “two tiered system of justice”
It detains the poor but allows those with money to go free.
Courts relying on this form or pretrial imprisonment face increasing pressure from their communities, policy-makers.
- Researchers alike for reform in an effort to ensure safety while also ensuring appearance at court proceedings as required by law.
- A recent study published over Stanford Law Review found evidence showing how too much time spent locked up.
- Before trial reduces prospects for successful rehabilitation among lower income populations.
- A major goal courts have sought through commercial bail systems like those relying heavily upon cash payments
- Made even prior arrests rather than personal recognizance bonds (PRs).
This year in Texas, a federal judge ruled that Harris County’s misdemeanor bail Bail Bond Services system disproportionately impacts indigent residents and violates the Constitution.
Consistent with what we now know about our new study.
- The judge then ordered all arrestees eligible for release but cannot afford it be released within 24 hours of their arrests on an unsecured bonds.
- Harris County officials have been releasing pretrial detainees and implementing a new risk.
- Assessment tool to further reduce the number of people held on misdemeanor charges who are not deemed risky for society.
- A few months ago, Harris County began complying with this ruling by dropping their custody rates from county jail populations following compliance measures since August 2017
The Prison Policy Initiative filed an amicus brief supporting these initial decisions made in July 2018
- While other organizations like Civil Rights Corps joined alongside them soon before filing briefs that same month supporting how well planned each one is too see through now days.
- The Stanford Law Review article is required reading for anyone interested in pretrial detention, money bail and recidivism.
- This study provides a rigorous analysis of these issues with depths that make it lengthy but well worth your time!
Major downstream effects discussed include:
- In every day language, pretrial detainees face many of the consequences that occur after being convicted.
- They can lose their liberty and be denied employment or housing.
- They’re stuck in jail before even having a chance to go on trial.
- This is not only unfair but also incredibly saddening for these individuals
- Who have done nothing wrong other than residing within our country’s borders.
- Bail is a system in which an individual must post money to be released from jail while awaiting trial.
- The authors found that people who posted bond within one month.
- After their bail hearing were later charged with more crimes than similar defendants not placed on pre-trial detention.
- Thus proving it compromises public safety as well and should no longer exist.
- The researchers compared those unable or unwilling by posting funds required versus waiting until asked for at any time prior.
Finding many societal issues arise because individuals don’t have enough information when given such situations; this leads them into making poor decisions which lead back onto themselves
A new study finds that pretrial detention can lead to a biased outcome in the courtroom.
The researchers found it increases likelihood of jail time and guilty pleas from misdemeanor defendants, while those who had their freedom restricted didn’t face any negative consequences as they awaited trial
