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Good news on criminal justice (but gird yourself for the backlash)

Good news on criminal justice (but gird yourself for the backlash)

by digby

Watch right wing law ‘n order nuts’ heads explode”

[S]tarting next year, non-violent suspects in New York City won’t have to pay bail at all, New York City officials announced Wednesday. Instead, they’ll be diverted to rehabilitative services and supervisory alternatives.

According to the Human Rights Watch, roughly 90 percent of people behind bars awaiting trial are black or Latino. Judges will soon enforce daily check-ins, text-message reminders and required drug or behavioral therapy in lieu of bail.

The change follows mounting pressure to eliminate a bail system that disproportionately impacts low-income people of color who haven’t even been found guilty of a criminal offense — such as Browder. The supervision options are viable alternatives because the vast majority of defendants released under supervision — 87 percent — appear in court when required. Among those who missed their court date, less than 10 percent didn’t show up within 30 days.

Close to 15 percent of defendants — 45,500 — are held on bail in New York City annually. Those who are disproportionately imprisoned because of racially disparate arrest rates will be able to avoid jail time altogether. Today, the average bail amount is $2000 but 44 percent of defendants can’t even pay $500. More than one-third of Rikers inmates have not been convicted. Many of them are there simply because they cannot afford to get out.

And under the new system defendants in need of rehabilitative services will also have a chance to get that assistance, which will reduce the likelihood of committing crimes and cut jail costs.

This is such common sense it’s hard to believe it even got this far. I just hope everyone is prepared for the outcry the first time one of these defendants under “supervision” kill someone. (We’re already seeing how that works with the undocumented immigrant case in San Francisco.)

The sad truth is that the underlying reason for keeping all these people in jail has always had very little to do with what they are accused of doing and everything to do with who with are. It’s excellent that New York is trying to change that and obviously it’s the only decent (and economically prudent!) thing to do. But it’s going to be a bumpy ride I’m afraid.

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