These Guides Help Defendants Avoid the Legal System's Boobytraps

Releasing tens of thousands more misdemeanor defendants from jail without requiring cash bail had no measurable effect on crime rates in Texas' most populous county. To settle a lawsuit that claimed cash bail unconstitutionally discriminated against people on the basis of wealth, Harris County established a set of reforms abolishing cash bail in most misdemeanor cases. Court-appointed researchers monitoring compliance with the settlement found re-offending rates remained stable while racial disparities in who gets released improved. Not tested yet was compliance with court appointments.

After California legalized recreational use of marijuana, Los Angeles took the initiative even further to address the social and systemic inequity caused by the war on drugs of communities of color. The city undertook criminal justice reforms like clinics to help people expunge their records, and economic reforms like prioritizing those with past convictions to receive licenses to own and operate dispensaries. Furthermore, LA is practicing restorative justice by directing the tax revenue created by this sector back into the neighborhoods that were deeply affected in the past.

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.

In his first months as the New Orleans district attorney, Jason Williams has pushed a prosecution-reform agenda that not only limits who gets sent to prison on the front end, but also takes a backward look at who should be let out of prison. Nearly two dozen people convicted by non-unanimous juries have been granted new trials. Some people have been granted early release from prison after conviction under unduly harsh sentencing laws that no longer will be enforced. Williams' ultimate goal is to restore community trust so that necessary prosecutions have community support.

Nearly three decades after Washington voters made their state the first to enact a three-strikes law, imposing life imprisonment for repeated, serious offenses, some prosecutors have found ways to avoid the law's effects that are seen as unduly harsh or racially biased. Some have interpreted a law authorizing resentencing to apply to three-strikes cases. Others have pushed the governor to grant clemency more often. This new willingness to question the law's effects is not universal among prosecutors, and the state Supreme Court soon will weigh in on the issue.

The spread of COVID-19 in jails prompted many releases from custody and a surge in donations to bail funds that pay for people's release. But those fixes have done little to address the underlying challenges of detaining millions of people before trial, either because they cannot afford cash bail or because risk-assessment tools deem them a threat to public safety or unlikely to return to court. In two South Florida jails, the struggles over containing the virus, providing due process to criminal defendants, and ensuring public safety have brought the debate into sharper focus.

Nonprofit bail funds, which use donated money to pay the bail of low-income people held in jail on pending charges, have won the release of about 55 people in Detroit during the COVID-19 crisis. Beyond the immediate need to free more people from an environment that makes social distancing difficult, the bail funds are part of a larger movement challenging a system that disproportionately affects people of color. The combination of bail payments, bond reductions, and administrative releases have reduced Wayne County's jail population by almost half.

Members of the military who are survivors of sexual assault have access to special victims’ counsels to help guide and protect them throughout the legal process. The efforts are still young, and with that comes issues of ill-trained or over-worked legal representation – a criticism that has been made known by advocates. Furthermore, while the existence of such assistance is extremely beneficial to military personnel, the same sort of protection and support isn’t available to civilians who are alleging violent crimes against military members.

Across the United States, Black Mama’s Bail out bailed out hundreds of black women in time for Mother’s Day. The organization accepts donations to pay bail for women cannot afford it on their own as part of their larger goal of ending the cash bail system and mass incarceration. Research shows that while black women are increasingly one of the largest groups of incarcerated individuals, and yet simply posting bail has led to a majority of these cases being dropped.

The Detroit Justice Center is providing a comprehensive approach to breaking the cycle of poverty in the county. The nonprofit law firm provides immediate support, like paying back child support and posting the cash bail payments that keep those experiencing poverty trapped in a cycle of debt and imprisonment. The group also aims high in their larger efforts to disrupt the criminal justice system, like suing the county to prevent the building of a new jail complex, and provides their clients and the community the chance to reimagine what the city could look like with transformative and economic justice.