In this country, you are innocent until proven guilty. The Bill of Rights explicitly prohibits excessive bail. That's what justice is supposed to look like.
What it should not look like is the system we have in America today. The median bail in the United States is $10,000. But in American households with an income of $45,000, the median savings account balance is $2,530. The disparity is so high that roughly 9 out of 10 people who are detained can't afford to pay to get out.
By its very design, the cash bail system favors the wealthy and penalizes the poor. If you can pay cash up front, you can leave, and when your trial is over, you'll get all your money back. If you can't afford it, you either languish in jail or have to pay a bail bondsman, which costs a steep fee you will never get back.
Whether or not someone can get bailed out of jail shouldn't be based on how much money he has in the bank. Or the color of his skin: black men pay 35 percent higher bail than white men for the same charge. Latino men pay nearly 20 percent more. This isn't the stuff of coincidences. It is systematic. And we have to change it.
In 2017, I introduced a bill in the Senate to encourage states to replace their bail systems, moving away from arbitrarily assigning cash bail and systems where a person's actual risk of danger or flight is evaluated. If someone poses a threat to the public, we should detain them. If someone is likely to flee, we should detain them. But if not, we shouldn't be in the business of charging money for liberty.
If there aren't serious consequences for police brutality in our justice system, what kind of a message does it send to the community? Public safety depends on public trust.
But when black and brown people are more likely to be stopped, arrested, and convicted than their white counterparts; when police departments are outfitted like military regiments; when egregious use of deadly force is not met with consequence, is it any wonder that the very credibility of these public institutions is on the line?
I say this as someone who has spent most of my career working with law enforcement. I say this as someone who has a great deal of respect for police officers. It is a false choice to suggest that you must either be for the police or for police accountability. I am for both. Most people I know are for both.
I knew the history of brave prosecutors who went after the Klu Klux Klan in the South. I also knew the legacy of Robert Kennedy, who, as U.S. attorney general, sent Department of Justice officials to protect the Freedom Riders in 1961.
I knew quite well that equal justice was an aspiration. I knew that the force of the law was applied unevenly, sometimes by design. But I also knew that what was wrong with the system didn't need to be an immutable fact. And I wanted to be a part of changing that.
At the time, criminal justice policy was still trending toward things like harsher sentences or militarizing the police. More than a decade later, that attitude has, thankfully, evolved. Reentry programs like Back on Track are now part of the mainstream conversation. But in those days, I faced intensive backlash.
Though compassionate in its approach, Back on Track was intense by design. This was not a social welfare program. All of the first participants were nonviolent first-time offenders. Participants had to first plead guilty and accept the responsibility for the actions that had brought them there. We promised that if participants completed the program, we would have their charges expunged, which gave them more the reason to put in the effort. We hadn't designed a program that was about incremental improvement around the edges. It was about transformation.
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| 2020 Presidential contenders on Crime: | |||
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Republicans:
V.P.Mike Pence(IN) Gov.Mark Sanford (R-SC) Pres.Donald Trump(NY) Gov.Bill Weld(MA) |
Democrats:
Sen.Michael Bennet (D-CO) V.P.Joe Biden (D-DE) Gov.Steve Bullock (D-MT) Mayor Pete Buttigieg (D-IN) Sen.Cory Booker (D-NJ) Secy.Julian Castro (D-TX) Mayor Bill de Blasio (D-NYC) Rep.John Delaney (D-MD) Rep.Tulsi Gabbard (D-HI) Sen.Kirsten Gillibrand (D-NY) Sen.Mike Gravel (D-AK) Sen.Kamala Harris (D-CA) Gov.John Hickenlooper (D-CO) Gov.Larry Hogan (D-MD) Gov.Jay Inslee (D-WA) Sen.Amy Klobuchar (D-MN) Mayor Wayne Messam (D-FL) Rep.Seth Moulton (D-MA) Rep.Beto O`Rourke (D-TX) Rep.Tim Ryan (D-CA) Sen.Bernie Sanders (I-VT) Adm.Joe Sestak (D-PA) CEO Tom Steyer (D-CA) Sen.Elizabeth Warren (D-MA) Marianne Williamson (D-CA) CEO Andrew Yang (D-NY) 2020 Third Party Candidates: Rep.Justin Amash (L-MI) Howie Hawkins (G-NY) V.P.Mike Pence (R-IN) V.C.Arvin Vohra (L-MD) | ||
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