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California governor signs overhaul of bail system
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Re: California governor signs overhaul of bail system
#22If I had to speculate, I'd say this is primarily a reaction to improved ability to track people, such that it is next to impossible for a person to jump bail. You can't get on a plane, or otherwise try and cross the border, because your passport will be checked. If you drive across the country, then your credit cards/bank accounts will be tracked, and security cameras can pick up and recognize your face. I imagine th…
People who skip bail, by and large, don't get on a plane or drive across the country. Also, the bail system isn't designed to only incentivize defendants themselves to show up to court. The bail bondsman has the financial incentive and the legal right to apprehend and deliver a defendant who has skipped bail. Removing the bail bondsman from the equation only increases the public cost of reapprehending these defendant…
> people who get caught committing crimes are generally not the best at responding to the incentive of not going to jail
People who are arrested and charged for crimes (charges which in many cases are dropped before trial) are not necessarily people who have been caught committing crimes.
> people who get caught committing crimes are generally not the best at responding to the incentive of not going to jail
The pre-trial services model does not rely exclusively on that incentive, any more than the money bail system does.
> Introducing a third party with vested interests at no additional cost
The involvement of bail bondsmen has a cost; the fact that the major direct cost is paid for by what amounts to a tax on the (potentially wrongly) arrested doesn't mean it isn't a cost.
Re: California governor signs overhaul of bail system
#23my gf has bail review on the 30th, too bad this won't help her. her bail is at $355,000, she's currently in vista detention facility =(
you're definitely not the typical HN user
Re: California governor signs overhaul of bail system
#24Both judges and "risk-assessment tools" have biases. Judges have unconscious biases and risk-assessment tools are fed biased data. So I'm not confident this will actually help matters.
Judge's biases exist in the money bail system too. Judges often set bail amounts from a range.
This doesn't solve all issues, this just solves one issue, which is that someone's economic status shouldn't be why they're in jail, only their likelihood of committing more crime, witness tampering, or skipping court.
I'm sure this new system will have problems that will need to be addressed, but it is a moral thing to TRY.
Re: California governor signs overhaul of bail system
#25I wish Gov. Jerry Brown was young enough to run for President. I don't like the crop of Democrats that are vying for 2020.
Re: California governor signs overhaul of bail system
#26Instead of the duly appointed Judge making the decision, the power is delegated to a "Risk Assessment" board. (i.e., a bunch of unaccountable social workers).
So, instead of an individual Judge getting flack for excessive bail, he can sleep at night having had his authority delegated to an anonymous 'committee' that can refuse to set bail altogether.
It seems the general public -- at least in California -- has little idea of the enormous role in the judicial system played by bail bondsmen. I know dozens. They are all a bit sketchy. But, they are the front-line dealing with the lowest rungs of society. They do a lot of good, ensure their charges stay out of trouble, and show up to court. They do it for a profit. But, that doesn't diminish their role.
I'm interested in seeing how it will turn out. I wish them well, but I've found abuses are more likely when the responsibility for a person is diffused amongst many.
Re: California governor signs overhaul of bail system
#27If I had to speculate, I'd say this is primarily a reaction to improved ability to track people, such that it is next to impossible for a person to jump bail. You can't get on a plane, or otherwise try and cross the border, because your passport will be checked. If you drive across the country, then your credit cards/bank accounts will be tracked, and security cameras can pick up and recognize your face. I imagine th…
> because your passport will be checked. That's far more a concern for people trying to re-enter the United States. For those leaving, this is hardly an impediment.
[deleted]
Re: California governor signs overhaul of bail system
#28I'm not sure if I agree with this change (there are positives and negatives to the bail system), but I love that in a federal system individual states are free to experiment like this. Maybe it will work, and then other states can adopt it.
I can't think of good sides to the bail system. What positives do you see.
Getting people to show up to trial is the main one.
I’d like to see an experiment where rather than money, instead a free citizen is offered up for bail. And if you don’t show up for trial the citizen goes to jail till they apprehend you.
Re: California governor signs overhaul of bail system
#29Instead of the duly appointed Judge making the decision, the power is delegated to a "Risk Assessment" board. (i.e., a bunch of unaccountable social workers). So, instead of an individual Judge getting flack for excessive bail, he can sleep at night having had his authority delegated to an anonymous 'committee' that can refuse to set bail altogether. It seems the general public -- at least in California -- has little…
Isn't part of the problem that judges face a lot of pressures to be extra harsh when deciding bail?
A board seems less likely to face political blowback when the rare out on bail person commits a serious crime. That sounds like the sort of incident that incentivizes judges to be extra harsh.
Re: California governor signs overhaul of bail system
#30Instead of the duly appointed Judge making the decision, the power is delegated to a "Risk Assessment" board. (i.e., a bunch of unaccountable social workers). So, instead of an individual Judge getting flack for excessive bail, he can sleep at night having had his authority delegated to an anonymous 'committee' that can refuse to set bail altogether. It seems the general public -- at least in California -- has little…
> a bunch of unaccountable social workers
Some judges have appointments for life, and those that aren't often aren't recalled. How is that accountable?
> anonymous 'committee' that can refuse to set bail altogether.
Where are you getting the information that the committee is anonymous or unaccountable? The articles on this change that I've read didn't specify that.