Sunday, December 25, 2022

A Better Approach Than Bail

 I wrote an article on Bail Reform which was printed in the KC Star on February 3, 2022.  Here is the link: https://www.kansascity.com/opinion/readers-opinion/guest-commentary/article257747983.html

 Briefly, my argument was:

Goals for pre-trial management of individuals accused of crimes:

1        1,.     Assure they appear for trial.
2.      Avoid additional crimes prior to trial.
3.      Minimize disruption to their lives, their family’s lives, their fellow employees’ lives and their employer, particularly for the innocent.
4.      Minimize public cost

Bail addresses the first, third and fourth goals.  Denial of bail addresses the second goal.

It is clearly harder for less-affluent people to post bail, thus increasing the number of people in jail.

Loosening bail requirements has increased crime.

Electronic monitoring addresses each of the four goals.  State-of-the-art monitors are harder to remove and can send alerts if tampering occurs.  Denial of bail might be  used less frequently.

1.      1. They are more likely to appear in court and we can find easily if they don’t.

2.      2. If they commit a crime, police could prove they were at the scene and apprehend them easily.

3.      3. They can continue to support their families, co-workers, etc.

4.      4. Monitoring costs less than incarceration and should be borne by the government.

In the article, I listed some principles that we should keep in mind.

Critics say people wearing monitors suffer job loss and embarrassment.  Such repercussions pale compared to being in jail and can be reduced with improved technology and procedures.  I also addressed other criticisms, such as by calling on the government to pay for monitoring.  Some criticisms related to discontinued practices or were supported by small studies contradicted by larger studies or studies with inferior methodology.

The issues surrounding use of electronic monitoring for parole seem to be similar, albeit not identical, to using electronic monitoring for people awaiting trial.

No comments:

Post a Comment