Monday, February 1, 2010

No justice for the poor

I heard a report recently on NPR that detailed how poor people are often kept in jail for months awaiting trial because they are too poor to make bail. Around two thirds of people in this category are charged with minor crimes like drug possession, or misdemeanors. Often the bail amounts are as low as $3000, meaning that you usually have to come up with 10% to hand over to a bail bondsman, who puts up the remaining amount to the court. The reporter interviewed a guy who admitted to stealing a couple of blankets from a store, because he was cold, because he was living in his car, who didn't have the $350 it would take to pay a bail bondsman to get out of jail. This guy spent almost 9 months in jail awaiting trial, where he pleaded guilty anyway. A man spent 9 months in jail for stealing blankets because he was poor, here in the USA, the land of the free.

There's a lot about this story to get angry about. The US is the only country, other than the Philippines, in the world that has the bail bond system. In most of Europe and other developed nations, there are programs to release most people who are arrested and awaiting trial, and monitor them. The bail system is quite a racket for the bail bondsmen. Once you put up your 10%, it's gone. If you could put up the cost of the whole bail amount, you would get it back from the court when you showed for your court date. If you pay a bail bondsmen and then skip town, in theory, the bail bondsmen is out the 90% of the bail amount unless they can track you down and bring you to court. In reality, in some parts of the country, it's routine for bail bondsmen to cut deals with the courts where they pay far less than the full bail amount when someone fails to show for court.

The reporter described how people who can make bail, statistically, have more favorable outcomes to their trials: fewer convictions, less time served. If you can get yourself out of jail, you might be able to work on your case with your lawyer more effectively. Plus, if you're stuck in jail, the prosecutors know they have you over a barrel, and with you desperate to get out, you're more likely to plead guilty and make a deal, even if it's a bad one. It's staggering how much the deck is stacked against poor people in the justice system. Just the name "justice" system is an absolute lie.

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