Respecting the Rights of Defendants

Just Policy Blog Guest Post as as part of Pretrial Justice Institute and Justice Policy Institute Bail Month 2013

By Lauren-Brooke Eisen

Across the country, too many jurisdictions still depend on money bail to determine which defendants can be released pretrial. Forcing defendants to face financial loss if they flee, proponents insist, is essential to ensure that they will return to court. Those who cannot afford bail remain in jail, a reality that disproportionally impacts low-income communities. This practice has significantly increased our overreliance on incarceration, contributing to an exponential growth in our prison population over the past three decades. More than 2 million Americans are behind bars, 20 percent of those pretrial, and more than 65 million adults – a quarter of the nation’s adult population – have criminal records.

In 1966, the United States Bail Reform Act established the rationale of bail: to guarantee a defendant’s court appearance. The Act emphasized that when possible, the law favors release pending trial. The law established a presumption of release by the least restrictive conditions with an emphasis on non-monetary terms of bail. Two decades later, the Bail ReformAct of 1984 permitted judges to consider the danger a defendant posed to the community as a factor in making bail decisions.

Five decades of research has consistently shown that pretrial detention increases post-conviction incarceration. These studies show that defendants detained in jail while awaiting trial plead guilty more often, are convicted more frequently, are sentenced to prison at a greater rate, and receive harsher sentences than those who are released awaiting trial or case disposition.

Bail Month: Prevention

This blog was originally posted on the Pretrial Justice Institute's Blog on September 9, 2013 as part of Pretrial Justice Institute and Justice Policy Institute Bail Month 2013.

By Sheriff Stan Hilkey, Mesa, County, CO

Law enforcement officers are familiar with the term "prevention" and understand that any time you can be proactive and direct energy towards problems, rather than simply reacting to them, you nearly always have positive outcomes. Prevention in the context of “recidivism” may be less familiar to us, though, and so we may be missing out on some of the most meaningful reform in the criminal justice system.

At those times when a crime occurs, law enforcement, specifically the cops on the street, have perfected the process of walking a person to the front door of the justice system and pushing them inside-- and this is the point at which we have traditionally stood back, dusted off our hands, and declared it’s up to the “system” now to deal with this person. We are also often the biggest critics of the system as we stand on the front step as spectators of what occurs after the arrest.

There is now a large body of research available to us that demands our action to improve the front end of the system. It turns out that interventions on reducing recidivism should start at the point of arrest, rather than starting at the point of trial or conviction, and the entire front end of the justice system, prior to trial or conviction, has remarkable ramifications for recidivism and our officer safety. 

Bail Month Returns This Year, This Time in Partnership from the Pretrial Justice Institute

Happy Bail Month!

This month, JPI, in partnership with the Pretrial Justice Institute (PJI), aims to educate the public on the need for bail reform for the second year in a row. Using money as a pre-trial release mechanism contributes to jails overcrowded with unconvicted people, burdens low-income communities and supports an ineffective for-profit industry.

Despite a lack of evidence that financial release options improve pretrial outcomes, jurisdictions throughout the country continue to rely on money as a proxy for risk in the pretrial process. This approach weakens public safety and creates two criminal justice systems: one for those with money and one for those without. The for-profit bail bonding industry - a corporate insurance behemoth that profits off the inequitable bail system - has enjoyed more than 100 years of corruption and political influence, and continues to skew judicial decision-making and put profit before public safety.   

Throughout September, JPI will re-release our three reports on bail -- two national analyses that highlight concerns and solutions around money bail and for-profit bail bonding -- and one highlighting the real-life stories of residents in Baltimore. We will also unveil a factsheet highlighting updates and news in bail reform. PJI will, too, release a report on money bail and release on recognizance (non-financial and financial release).

On Tuesday, September 10, PJI and JPI will talk about the latest updates in bail reform as part of the National Association of Criminal Defense Lawyers (NACDL) State Criminal Justice Network (SCJN) conference call series entitled National Advocacy Calls on Developing Legislation. To receive the call-in number, RSVP for the 12:00 p.m. EDT call at  [email protected].       

Read the Just Policy Blog and the Pretrial Justice Institute Blog. Share our bail stamp. Tweet about our reports using hashtags #BailFail and #BailReform. Pass on our reports and post them on your various social media sites. 

From Chicago with Love: Alternative Recommendations for Struggling Communities

Just Policy Blog Guest Blogpost

By Angela Rudolph

Dear Conservatives,

Thank you for your concern regarding the high instances of gun violence and its impact on the African-American community in Chicago. In recent months I have been blown away by the number of times I have turned on my television to either the cable or broadcast news programs to see so many of you championing the need for a targeted address to the violence plaguing the city I love. In the July 21 episode of CNN’s State of the Union with Candy Crowley, Newt Gingrich stunned me with his seemingly heartfelt distress regarding the violence on the south and west sides of Chicago. During a recent appearance on CNN’s Pierce Morgan, Rev. Jesse Lee Peterson  the leader of the South Central Tea Party (South Central who knew?) mentioned the 500 gun deaths we had in our city last year and called for a renewed focus on community violence.  Add on top of these cries, the attempts by Ben Shapiro, Editor in Chief at Breitbart.com a conservative news and opinion website to focus attention on the murder of Chicago teen Darryl Green. It has been amazing to see all of these, previously thought, unlikely supporters following the happenings here so closely, calling on the African-American community and our leaders to address the “rampant black on black crime spree” in cities like Chicago. This outpouring of love and concern is, to say the least, overwhelming.

Aging Behind Bars

Guest Blog Post By Criminal Justice Degree HubThe elderly population in prison is rising at a staggering rate. The consequence of mass incarceration and strict sentencing policies at the federal and state level, older prisoners require more expensive care at a time when their danger to society at large is waning. Most are likely to die in prison, as programs designed to release such prisoners on compassionate grounds are rarely invoked, and don’t have much potential to reduce the population of elderly prisoners. Continued high rates of long-term incarceration of the elderly are likely to add billions to state and federal criminal justice budgets.

Source: Criminal Justice Degree Hub The Rise of the Elderly Prison Population
Between 2007 and 2010, the number of state and federal prisoners age 65 or older grew 94 times faster than the overall prison population.
Between 1981 and 2010, the number of state and federal prisoners age 55 and over increased from 8,853 to 124,900. By 2030, that number is projected to grow to 400,000, an increase of 4,400 percent from 1981.

4 Types of Elderly Prisoners

Old offenders
Age at 1st incarceration: 50 or older
Sentence length: 20 years or more
# of terms: 1st prison term
Crimes committed: Murder or sex crimes

Young long-term prisoners
Age at 1st incarceration: Younger than 50
Sentence length: Varies
# of terms: Either 1st term or repeat offenders
Crimes committed: Murder, armed robbery, rape, repeat drug offenses

Repeat prisoners
Age at 1st incarceration: Younger than 50
Sentence length: 20 years or more
# of terms: 2nd or more
Crimes committed: Burglary, theft, drug possession

Young short-term offenders
Age at 1st incarceration: Younger than 50
Sentence length: Less than 20 years
# of terms: 1st
Crime committed: Burglary, theft, drug possession
Why The Elderly Are In Prison
The overall prison population has doubled during the past 20 years from 739980 prisoners in 1990 to 1543206 prisoners in 2010 due to truth-in-sentencing guidelines and “three strikes” laws.
The number of inmates serving life sentences quadrupled between 1984 and 2008; inmates who live a long time with life sentences will grow old and are most likely to die in prison.
The number of inmates sentenced to life without parole more than tripled between 1992 and 2008.

Government Fiscal Impact
Care for aging prisoners is at least twice as expensive than for younger prisoners because this population:
* Has more health problems and requires more medical care
* Requires longer and more frequent hospitalizations
* Needs care outside of the prison system, which represents 72 percent of all healthcare costs spent on aging prisoners

Managing the Problem
By the time a person turns 50, the likelihood of that person committing another crime has dropped precipitously. Only 16.9 percent of prisoners released at age 45 and older return for new sentences.
Policies that could reduce the number of aging prisoners include:
* Granting conditional release for aging prisoners who pose little safety risk
* Utilizing and expanding medical parole
* Reauthorizing and expanding aging prisoner release programs
States could save an average of $66,294 every year for each released aging prisoner, which accounts for increased parole, housing and public benefits costs.
Impact of annual cost savings of releasing the average aging prisoner versus keeping them behind bars:
* Low, $28,362
* Medium, $66,294
* High, $104,434.

SOURCES
Bureau of Justice Statistics, Human Rights Watch, American Civil Liberties Union, Pew Center for the States

The Criminal Justice Hub provides information and advice about traditional and online and criminal justice schools and careers in criminal justice.

Right on Time: Juvenile Justice Resource Centers for Advocates

The Justice Policy Institute has a special position in the social justice world in that we address adult criminal justice issues, in addition to juvenile justice issues. Our research runs the gamut, analyzing data to understand racial disparity in the adult and juvenile systems, commenting on upticks in incarceration, and making connections to policies and practices that affect incarceration rates and trends.

Recently, our reports like "Common Ground," addressing the recent trend in the reduction of juvenile confinement reform across the U.S., and our series on Washington, D.C. youth, have kept us grounded in juvenile justice -- an area that advocates and the general public are increasingly gravitated towards in an effort to eliminate the school-to-prison pipeline.

With Attorney General Eric Holder's announcement Tuesday that the Justice Department will prioritize fixing a "broken" justice system, advocates, policymakers and practitioners, are propelled to continue reform work. And now, the icing on the cake is that there’s a new resource out there to help advocates, policymakers, and practitioners make communities safer and improve outcomes for youth.

The John D. and Catherine T. MacArthur Foundation today announced the launch of the new Models for Change Resource Center Partnership. As a part of the partnership, four new Resource Centers will be available to help provide judges, prosecutors, defenders, policymakers, advocates, probation officers, and mental health and social service agencies with much needed technical assistance, trainings, tools, and resources to help advance juvenile justice reform across the country.

Over the last decade, there have been juvenile justice reform efforts in 35 states. Much of this work is grounded in the seminal research funded by the foundation that showed that adolescents are fundamentally different from adults, and that treating juvenile offenders as adults, relying on incarceration, and failing to commit resources to rehabilitation and treatment is expensive, jeopardizes public safety, and compromises future life chances for young people in contact with the law.

The Prison Phone Predicament

By Victoria Ravenel

Have you ever considered the importance of prison phones?

Keeping incarcerated individuals in contact with the outside world is immensely important to their re-entry into society – a smooth transition lessens the likelihood of repeat offenses.

But phones cost money, even in prison. So who pays?

As I learned through coverage in the Los Angeles Times' and at the Leadership Conference for Civil Rights (LCCR) on July 25, it is not the incarcerated persons, but the families and taxpayers who must pay the unreasonably high costs of prison phone calls. 

And just what are the costs? This skit, put on by LCCR organizers helped me and a host of social justice interns from Washington, D.C.,  see not only the monetary costs, but the impact on communication between the incarcerated and their families as well.

Background: This scenario features a mother of three whose husband has been incarcerated for five years. All of her children are in school and the oldest child is applying for college this month. Between the mother and her oldest child, both have been working overtime but there is one more application fee to be paid for. After groceries, rent, and transportation they both only have enough to pay for the last application fee.

Prison Phone Call Transcript

*phone is ringing*

Loved one: Hello?

Operator: I have a collect call from John Wilson.  Would you like to accept the charges?

Loved one: *looks at money left* I’m sorry.  I’ll decline the charges.

Operator: Ok. Thank you. Have a nice day.

*hours later…phone is ringing*

Loved one: This is Mary, how may I help you?

Operator: I have a collect call from John Wilson.  Would you like to accept the charges?

Loved one: *sighs* Sure. That’s fine.

Operator: Ok.  Ma’am you do realize that because this call is taking place in Virginia and is going out to Maryland that you will be charged a $4.95 connection fee?

Loved one:  Ok. I understand. Put him through.

Impacted person:  Hey, how is everything?  I called you guys earlier.

Loved one:  I know.  I know.  I couldn’t accept the call just yet.  I was picking the girls up from school.  Never mind that, how are you holding up?  Are you eating?

Impacted person:  Just missing you guys.  I want to hear about the girls though.  Have any decisions been made yet on schools?