Philly Program Teaches Defendants How To Help Themselves

Partners for Justice embeds trained "client advocates" inside public defenders' offices to address defendants' nonlegal needs (such as: housing, addiction treatment, and mental health services). This has demonstrably improved outcomes, including a nearly 50% increase in case dismissals or diversions in Delaware County and a fivefold increase in public service referrals across New Jersey pilot counties.

The Bail Project is posting bond for men and women who cannot afford to pay and haven’t been convicted of a crime. Based in Detroit, the nonprofit has locations across the country and uses a revolving fund to bail out individuals, meaning once the bond is recovered, the funding is then available for another person. Its Detroit location has bailed out nearly 200 individuals in an effort to end mass incarceration and prove that holding people – most of whom are people of color or experiencing poverty – does not diminish recidivism.

Although California has become the first state to eliminate the cash bail system, New Jersey has been using an algorithm for the last 18 months to combat the economic injustice created by the system. This bail reform, which looks at risk assessment on a scaled level, has successfully resulted to less people in prison as well as decreased crime rates.

Felons get out of jail owing hundreds or thousands of dollars in court and parole fees, acting as an often insurmountable barrier preventing them from reintegrating into society and staying out of jail. What's worse, these fees often end up costing the state more than they produce. Two columns on a program called the Clapham Set, which erases or reduces debts for felons who take classes and job training.

In Palm Beach County, an automated system sends text-message reminders, instead of just postal mail notices, to people with upcoming court dates. About 14% of those jailed in the county were there on warrants for failure to appear in court, placing a burden both on the system and on people's disrupted lives. Since the system was started, warrants for failure to appear are down by more than half, although other factors are also at play. At the very least, every court appearance someone makes is one less public cost and private hassle.

Across the United States, individuals and organizations are seeking to shift the criminal justice system through District Attorney elections. From online communities like colorofchange.org, which seeks to support grassroots election efforts, to individuals like Minnesota’s Mark Haase, who is running on a platform of diversity and inclusion, to the Texas Organizing Project that wants to empower Black and Latinx communities, each of these missions seeks to create more equity and transparency in the criminal justice system.

In 2017, Harris County, TX saw a year where no one was sentenced to death and no one was executed. The county, nicknamed as the capital of capital punishment, is seeing a shift in the support of the death penalty. While studies haven’t shown a definitive answer, it has been linked to new, reform-focused DAs, the introduction of life sentences without parole, and Supreme Court decisions that likely diminished the use of capital punishment.

Public defenders' caseloads are too large for them to be able to provide the details that a loved one of an offender can provide in court. Participatory Defense programs train loved ones of the offender to be able to provide a testimony, often resulting in less severe sentences.

Risk assessments are supposed to make the criminal justice system better by predicting which defendants are likely to commit new crimes. Defendant scores are given to judges during criminal sentencing in nine states, and there’s a push to mandate their use in federal prisons. But the risk assessments aren’t accurate, only somewhat more reliable than a coin flip. Black defendants are falsely flagged as future criminals at a high rate while white defendants regularly get mislabeled as low risk.

In a conservative upstate town in New York, an early advocate of what is now known as restorative justice pioneered the idea of finding alternatives to incarceration that address root causes of crimes and offer victims larger roles in the process. He did this by engaging different people across law enforcement, the community and social services. That built broad support, but the programs have struggled to maintain these innovations or make them permanent after the departure of the visionary founder.