Assume you are a Senior Policy Advisor for the Mayor of Jederville, a large (fictional) city in a populous midwestern state. The Mayor is facing a tough reelection in the wake of a recent crime surge coupled with persistent economic challenges from the COVID pandemic and inflation. One of the Mayor’s strongest rivals in the primary election has asserted Bail Reform as their central policy platform, calling for a full elimination of cash bail and strict limitations on the use of judicial remand.
The issue of bail reform legislation is polling well and legislation seems inevitable at the state level, meaning the Mayor (or their successor) will likely be responsible for implementing it during the next term. The Mayor’s campaign strategists are confident they can fend off the primary challenge by acknowledging the social justice and racial equity dynamics without a full-throated endorsement of bail reform, but they are concerned about appealing to centrists voters in the general election. The campaign team assembled a list of supporting and skeptical arguments and asked you to prioritize two or three from each group and draft a memo for use in debate preparation that cites the best and most recent evidence available from other jurisdictions that have already implemented bail reform.
Format requirements: 6 pages, double spaced with minimum of 6 sources with APA or MLA Citations
Supporting Arguments:
1. Addressing Economic Inequity: Bail systems often disproportionately affect low-income individuals who may be unable to afford bail, resulting in pretrial detention solely due to financial constraints. Reforming bail practices helps mitigate economic inequities and ensures that the justice system is fair and accessible to all, regardless of financial status.
2. Presumption of Innocence: Bail reform aligns with the fundamental principle of the presumption of innocence. Detaining individuals solely based on their inability to pay bail undermines this principle, as it leads to individuals being punished before being convicted. Reform encourages a more just and humane approach to pretrial detention.
3. Reducing Mass Incarceration: Inefficient bail systems contribute to unnecessary pretrial detention, contributing to overcrowded jails and increased costs for the criminal justice system. Bail reform can help reduce mass incarceration by allowing non-violent, low-risk individuals to await trial in the community, reducing the burden on the prison system.
4. Enhancing Public Safety: Bail reform allows for a more nuanced evaluation of risk factors, focusing on public safety concerns rather than financial resources. Implementing evidence-based risk assessment tools can help identify individuals who pose a genuine risk to society, allowing for targeted interventions while allowing low-risk individuals to remain in their communities.
5. Promoting Fairness and Equality: Bail reform is crucial for promoting fairness and equality within the criminal justice system. By eliminating or reducing the reliance on cash bail, states can work towards a more just and impartial system where individuals are treated based on the merits of their cases rather than their financial means.
Skeptical Arguments:
1. Risk to Public Safety: certain bail reform measures, such as the elimination of cash bail or reliance on risk assessment tools, may lead to the release of individuals who pose a risk to public safety. Without the financial incentive to appear in court, some individuals might be more likely to skip their court dates or engage in criminal activities.
2. Potential for Bias in Risk Assessment: There is significant potential for bias in risk assessment tools, which can inadvertently perpetuate existing disparities in the criminal justice system. If the tools are built on biased data or reflect societal biases, they may disproportionately affect certain demographic groups.
3. Overemphasis on Cost Savings: The push for bail reform is driven by a desire to reduce the costs associated with pretrial detention, potentially at the expense of public safety. Financial considerations should not be the primary factor in decisions related to pretrial release.
4. Implementation Challenges: Cities and counties will face significant challenges in implementing bail reform effectively. The transition from traditional bail systems to alternative models will face resistance and be extremely difficult to manage, more than likely resulting in unintended consequences.
5. Judicial Discretion Concerns: A one-size-fits-all approach neglects the importance of considering individual circumstances. Factors such as the seriousness of the offense, an individual’s criminal history, or other case-specific details should be taken into account in pretrial release decisions.
One source I could not attach as pdf
https://www.cityandstateny.com/policy/2023/05/not-so-brief-guide-new-yorks-bail-reform-evolution/385379/
