The criminal justice system in New York has recently undergone a reform to how bails are handled. This reform includes changes to the laws that will eliminate bail for certain offenders, as well as other considerations. The overall idea of bail reform is to decrease the number of people who remain incarcerated due to their inability to pay for bail, but this has caused a good deal of controversy.
The Purpose Behind Bail Reform
The purpose of bail reform is to prevent individuals from being held in jail simply because they could not afford their bail. This is seen as an issue of unequal justice, as individuals who are able to pay for bail are able to resume their lives as normal until their trial date, while those of lesser means may be stuck in jail awaiting trial. The idea is that by eliminating the need for bail, everyone can be treated equally and impartially under the law.
Potential Benefits of Bail Reform
Bail reform has the potential to provide several benefits to the justice system. These include:
• Reduced incarceration rates: By limiting or eliminating bail, there will be fewer individuals in jail awaiting trial, reducing overcrowding and costs associated with housing inmates.
• Reduced recidivism rates: Allowing individuals to resume their lives as normal while awaiting trial can reduce recidivism rates as individuals can maintain their existing lifestyle and connections to their community and families.
• Improved public safety: By removing individuals from jail who pose no threat to public safety, can free up resources to focus on more serious offenders, potentially improving public safety overall.
Arguments Against Bail Reform
Despite the potential benefits that bail reform may provide, there are certainly arguments against it as well. Here are some of the more common arguments against New York’s bail reform:
• Decisions about safety are being taken away from judges: Bail reform removes the ability for judges to make decisions about thesafety of a community and to determine whether someone is a risk to the public or not. This leaves the system open to potential risks, as offenders may be freed who would have previously been held and kept away from the public.
• Suspected criminals are being released with no accountability: Enforcement of charges is no longer guaranteed, as individuals who may be accused of a crime can be released and then simply not show up to court. This lack of accountability can be seen as a flaw in the system.
• Individuals accused of more serious crimes may be freed: One significant fear is that individuals accused of more serious crimes may be released rather than held in pretrial detention. This could allow individuals who may be dangerous to roam freely until their trial date, potentially putting the public in danger.
How To Address Arguments Against Bail Reform
When discussing the bail reform, it is important to consider the arguments raised against it and attempt to address them. Here are a few ways that arguments against bail reform can be addressed:
• Utilizing risk assessment tools: Utilizing risk assessment tools can give judges more information to consider when determining bail, allowing them to make better decisions about who should be released and who should remain in custody.
• Utilizing pretrial services: Pretrial services can monitor individuals released without bail, providing them with guidance and ensuring that they will appear in court for their trial date. This can help to restore some accountability to the system.
• Utilizing obstruction of justice laws: By enforcing laws that make it a crime to obstruct justice (i.e. not appear in court on the appropriate date), individuals can be held accountable for their actions and those who do not appear can be properly punished.
New York’s bail reform has certainly caused a great deal of controversy. While there are potential benefits to reforming bail, there are also valid arguments against it that must be addressed. By utilizing risk assessment tools, providing pretrial services for those released, and enforcing laws that hold individuals accountable for any obstruction of justice, it is possible to address many of the fears associated with bail reform. Ultimately, New York’s bail reform is still relatively new, and only time will tell how effective it will be.
