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Pretrial Justice
National Perspective
Cherise Fanno Burdeen Executive Director Pretrial Justice Institute
Pretrial Injustice Not All Bad News So, what is the current state - - PowerPoint PPT Presentation
Pretrial Injustice Not All Bad News So, what is the current state - - PowerPoint PPT Presentation
Pretrial Justice National Perspective Cherise Fanno Burdeen Executive Director Pretrial Justice Institute Pretrial Injustice Not All Bad News So, what is the current state of pretrial in America? Arrest and Booking Rates Per 100,000
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Pretrial Injustice
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Not All Bad News
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So, what is the current state of pretrial in America?
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Arrest and Booking Rates Per 100,000
Subramanian, Ram et al. (2015) Incarceration’s Front Door: The Misuse of Jails in America. New York, NY: The Vera Institute of Justice.
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Crime and Jail Rates per 100,000
Subramanian, Ram et al. (2015) Incarceration’s Front Door: The Misuse of Jails in America. New York, NY: The Vera Institute of Justice.
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Average Money Bail
For Felony Defendants
After adjusting for inflation, this represents a
43% increase over 17 years
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Rates of Detention by Race
Justice Policy Institute (2012) Bail Fail: Why the US Should End the Practice of Using Money for Bail. Washington, DC: Justice Policy Institute.
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Why are jail populations high?
- Arrests remain high
- 12 million, where about 10 million are
misdemeanors
- Bookings remain high
- Less cite and release, mostly custodial
- What happens after you drop them off?
- Bond schedule
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At the Table
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Game Changers
Equaljusticeunderlaw.org
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Legal Challenge to Money Bond Criminal defendants, presumed innocent, must not be confined in jail merely because they are poor. Justice that is blind to poverty and indiscriminately forces defendants to pay for their physical liberty is no justice at all.”
—Jones v. Clanton (2015)
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Statement from the Justice Department “It is the position of the United States that, as courts have long recognized, any bail
- r bond scheme that mandates payment
- f pre-fixed amounts for different offenses
in order to gain pre-trial release, without any regard for indigence, not only violates the Fourteenth Amendment’s Equal Protection Clause, but also constitutes bad public policy.”
—Statement of Interest, Varden v. City of Clanton, 2015
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Effec%veness at Figh%ng Crime and Keeping Us Safe
Police 84% Effec)ve
(15% Not)
Risk Based Preven%ve Deten%on* 65% Effec)ve
(19% Not)
Jails 68% Effec)ve
(30% Not)
The Criminal Jus%ce System 70% Effec)ve
(28% Not)
Pretrial Risk Assessment 52% Effec)ve
(17% Not)
Cash Bail 51% Effec)ve
(35% Not) 31% Don’t know
Public Opinion 2015
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Focus on Violent Criminals
80 16 85 11 79 18 75 20 62 8 68 5 60 10 58 11
Agree Disagree Agree Disagree Agree Disagree Agree Disagree
Focus on Arres%ng Violent Criminals Instead of Low-Level Suspects
All Voters Democrats Independents Republicans
+63 +74 +60 +55
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Risk Assessment vs. Cash Bail
74 12 75 13 74 8 76 13 74 12 75 16 83 6 56 9 56 8 54 6 58 11 55 9 61 9 66 5
Risk Cash Risk Cash Risk Cash Risk Cash Risk Cash Risk Cash Risk Cash
Determining Factor for Keeping Someone In Jail Before Trial: Risk Assessment vs. Cash Bail
Likely Voters Democrats Independents Republicans Whites African Americans Latinos
+62 +62 +65 +62 +63 +59 +77
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Public Education Matters
58 20 22 36 26 38 42 14 25 19
Support Oppose Undecided Support Oppose Undecided
Ini%al Ballot: Eliminate Cash Bail and Replace with Risk Assessment
With Information Without Information
Risk assessment would take into account such factors as the nature of the offense in question and the suspect’s criminal history. Under this system, those deemed high-risk would be held in jail until trial and those who are low-risk would be released and in some cases supervised prior to trial.
I n f
- r
m a t i
- n
B
- s
t s S u p p
- r
t b y 2 2 P
- i
n t s
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84 88 76 82 76 76 72 15 11 20 14 21 21 24 44 41 37 33 33 31 29 7 4 8 5 12 10 10
Judges Law enforcement officials Crime vic7ms' groups The Sheriffs' Associa7on Re7red judges AAorneys general Public defenders
Impact of Public Figures and Ins%tu%ons
No AAen7on AAen7on
Who Impacts Voter Opinion?
Net
+68 +76 +56 +68 +54 +55 +49
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How this translates into reform?
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State and local initiatives
- Kentucky
- New Jersey
- Colorado
- California
- Etc.
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Federal initiatives
- “End Money Bail Act of 2016” – uses
federal program funding as lever for reform
- Interest in using Insurance oversight as a
mechanism for reform.
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Smart Pretrial Initiative
- Three-year project ending in the fall of 2017
- 3 sites are demonstrating that changes are
possible
- Yakima County, WA
- City and County of Denver
- Delaware
- Have completed a thorough pretrial system
analysis
- Are currently implementing new practices
consistent with both the research and the law
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Case Study: New Jersey
- 2013 - Independent study of New
Jersey county jails
- August 2014 - Governor Chris
Christie signed comprehensive bail reform legislation
- November 2014 - New Jersey
voters passed ballot initiative enacting reform
- January 2017 - legislation will
take effect
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What is 3DaysCount
TM?
A nationwide initiative to support states to
Reduce unnecessary arrests that destabilize families and communities, Replace discriminatory cash bail with practical, risk-based decision-making, and Enable transparent detention for the small number of defendants who pose a genuine threat to public safety.
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Campaign Strategies
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Campaign Strategies
Improve State Statutes & Court Rules Change State Constitutions Implement Statewide Evidence-Based Tools Litigate
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On-Demand Learning Community
- Community
- Online content
- Self-paced
- Live webcasts
- Town halls
- Office hours
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www.pretrial.org
facebook.com/pretrial @pretrial cherise@pretrial.org