Thursday, August 13, 2020

Bail Funds

The MA Bail Fund is taking heat for bailing out criminals accused of violent felonies. They bailed out an accused rapist who went on to rape another victim. In their statement, the MA Bail Fund veers from trying to take the high road to calling those who oppose freeing everyone as white supremacists.

The reality of things is not as clear as the Bail Fund would have it.

Look, it is true that even low bail has a heavy impact on poor people. A fair bail system would be based on a financial disclosure form (income and assets), so everyone has the same amount of skin in the game.1 One of the features of higher bail is to ensure that the accused and their family have an incentive for the accused to act right, to show up for court, and to not commit any more crimes. A third party paying the freight removes that incentive, for the bail payment becomes free money.

I'd be more impressed if, instead of weaselly-worded statements that "we believe that people who have been harmed need and deserve access to community supports, trauma services, and healing", that the MA Bail Fund did something tangible to support the victims of those they sprung from stir.

Bail reform is needed. Free money to those accused of violent crimes is not anywhere near approaching a reform.
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1. Finland, for one, does that for traffic fines.

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