MURDER, POLITICS, AND THE END OF THE JAZZ AGE
by Michael Wolraich
By The Editorial Board @ NYTimes.com, Aug. 25
[...] The growing consensus against cash bail cuts across party lines, and includes law enforcement leaders, prosecutors, defense lawyers, the courts and religious leaders.
The only defender of the system, it seems, is the industry that profits from it. States and localities around the country have begun imposing long overdue reforms to their bail systems. But the multibillion-dollar bail-bond industry, which charges defendants to guarantee their appearance in court, is pushing hard in the other direction. The Times reported Monday on two lawsuits filed in federal court in New Jersey over the summer challenging a new state law that essentially eliminates money bail. Another suit, in New Mexico, challenges that state’s Supreme Court’s new rules governing bail. The industry is also fighting federal bail reform legislation.
The industry’s gripe is understandable: The shift from cash bail is bad for business. Of course, that’s not how those in the industry frame their argument. They claim that public safety is the real concern. But secured money bail has never been about protecting the public; it is simply meant to ensure that a defendant shows up to court. And even in that case, money bail might be less effective than other methods, as a federal judge in Texas found in April when she struck down Harris County’s bail system as unconstitutional. [....]