November 25, 2021

"A growing movement questions the practice of requiring defendants to post monetary bail to ensure that they appear at their court hearings...."

"Many of those jurisdictions now use risk assessments to decide whether to detain defendants or release them without a monetary requirement. Those tools, which consider previous offenses and the defendant’s likelihood of being a flight risk, are themselves controversial: Some advocates have expressed concern that racial and socioeconomic biases are baked into them. Bail-change advocates argue that court systems should err on the side of releasing defendants, who are presumed innocent. [Alexa Van Brunt, director of the MacArthur Justice Center Clinic at Northwestern University] said pretrial detention increases a person’s likelihood of committing another crime by stripping them of jobs, educational opportunities or custody of their children. Defendants who are held are more likely to plead guilty, even if they did not commit the offense, Van Brunt said, because they want to get out of jail."

From "The Wisconsin parade suspect was accused of a car attack weeks ago. Here’s why he was out on bail" (WaPo).

ADDED: I'm reading the comments over there. There's this — which begins with a quote from the article — from Gibbering:
He was also convicted of a sex crime in Nevada after impregnating a minor, officials say.

That’s called rape, WaPo. Thanks for demonstrating this whole problem. Crimes against women don’t count. Rape them, hit them with cars, neglect support payments, strangle them, abuse them, rob them, whatever. Doesn’t matter. It almost never matters.

AND: Here's the NYT approach to the same material: "Waukesha Suspect’s Previous Release Agitates Efforts to Overhaul Bail/Darrell Brooks, accused of plowing his S.U.V. through a Wisconsin parade, had been freed on $1,000 bail for a different charge in Milwaukee County, where there is a backlog of cases":

The bail decision has brought criticism raining down on Milwaukee County’s district attorney, John T. Chisholm, a Democrat who has tried to reduce high rates of incarceration and racial disparities in the justice system. Longtime critics, led by Wisconsin’s previous governor, Scott Walker, blamed Mr. Brooks’s release on Mr. Chisholm’s “radical” liberal ideology.

It appears, though, that the controversial release may have been not a policy decision, but the result of happenstance and other factors — an inexperienced junior prosecutor and a rushed supervisor up against a huge backlog of cases that piled up during the coronavirus pandemic, according to court documents and interviews with judges, prosecutors, local officials and defense lawyers....

Each defendant is screened by a pretrial risk assessment that uses nine data points, including age and prior convictions, to rate the defendant’s risk of failing to appear in court and of committing a new crime. Judges or court commissioners receive the risk score, along with recommendations by the defense and the prosecution, before setting the amount of bond and the release conditions, which can range from very little supervision for low-risk defendants to weekly check-ins and GPS monitoring.

The risk assessment is not a matter of public record, but someone with Mr. Brooks’s history would almost certainly have been rated a six out of six and flagged as a high risk for violence, several lawyers said.... 
“This could be a huge blow to our work in making the system more equitable,” said David Bowen, a Wisconsin state representative whose district includes several predominantly Black neighborhoods in Milwaukee. “The narrative gaining traction in white suburban communities now is all about being tough on crime.” 

63 comments:

Can Of Cheese for Hunter said...

Excuses... excuses... BS excuses.
I want violent criminals locked up.

Can Of Cheese for Hunter said...

WaPo is a leftwing narrative publication with leftist employees, with leftwing narratives and leftist agendas.
You will be blue-pilled.

narciso said...

he also threatened to bomb a casino, thanks Bureau, but those parents in loundoun county those are the real enemy,

Michael K said...

Raced trumps (so to speak) gender in leftist pantheon.

cubanbob said...

For a first time offender of a non violent crime that may be a reasonable position. However that is a rather small percentage of those who face bail hearings. I'll take these Left loon prosecutors seriously on bail reform when qualified immunity is eliminated.

M said...

That comment shows me that lefty women will channel their rage and fear over this incident into the comfortable and time worn “men are bad” instead of questioning the Democrat policies that have gotten us here. What happened to your mom in the 1960s isn’t relevant to this situation but the old crones and the insane young Marxist radicals are still dominating the conversations. Again. Leaving working and middle class women and children worse off. Again.

Can Of Cheese for Hunter said...

Brooks called himself a terrorist in his home-made rap MUSIC. The local democrat officials and democrats in the media (the media) refuse to call this man what he is:
A DOMESTIC TERRORIST.

The latest death is an 8 year old boy.

Killing innocent unsuspecting people = Terrorism.
If this happened in a far off land, we could call it terrorism.

Wa St Blogger said...

It's one thing to be presumed innocent, especially on a first offense with a history of good behavior. It's another thing to have a history of violent and lawless behavior.

Yancey Ward said...

Has WaPo found out how to blame Republicans yet on this issue?

Drago said...

Have the police arrested the terrorist SUV yet?

And is there any indication the SUV beeped "This is MAGA Country" as it plowed thru the Christmas Parade causing trauma to the clearly "innocent" african-american passenger in the SUV?

If my questions confuse you, gadfly can explain it to you.

Wince said...

Pretrial detention aside, they didn't even impound the instrumentality he used as a deadly weapon - the red Ford SUV.

Similarly...

Ax-Wielding Antifa Member Attacks GOP Senator's Office, Dems Give Him Money, FBI Returns Ax

Federal guidelines suggested Starks should spend 10–16 months in the hoosegow, but because he is a protected member of Antifa, he was sentenced to mere probation and ordered to pay $2,784 in restitution.

Keep in mind that there are people still in solitary confinement for taking non-violent selfies in the Capitol on January 6.

Even better, the FBI returned the ax he used in the attack. Starks is bragging about it on Facebook, where he goes by the name “Paul Dunyan,” a reference to the axman Paul Bunyan.

Starks openly admits to being a member of Antifa and has a history of threatening violence online. In one picture, Starks is seen wearing a Socialist Rifle t-shirt. Socialist Rifle is a left-wing fringe group that had communicated with Antifa mass shooter Connor Betts before he murdered nine people in Dayton, Ohio, back in 2019.

Loren W Laurent said...

"Crimes against women don’t count. Rape them, hit them with cars, neglect support payments, strangle them, abuse them, rob them, whatever. Doesn’t matter. It almost never matters."

Unfortunately, the people who have created this situation will continue to be voted in by white wine moms who fear appearing racist.

Safe on Facebook, unsafe in the Real World.

It is a choice, I guess.

-Loren

Big Mike said...

Didn’t Darrell Brooks have a history of bail-jumping? Yet their “risk assessment” said $1000 was enough bail?

Can Of Cheese for Hunter said...

Certainly we want to be thoughtful towards people who commit crime after crime after crime. They show such promise.

madAsHell said...

In the future, everyone will carry a firearm on their waistband.

The ultimate bail reform.

narciso said...

chisholm, of course blames the hearing commissioner, cornwall for the decision,

MayBee said...

That’s called rape, WaPo. Thanks for demonstrating this whole problem. Crimes against women don’t count.

There is a podcast production company called Wondery, which is very good. One of their recents series was called Suspect, about the murder of a young woman during or after a huge Halloween party. There were mulitple suspects, one of whom has been tried.
One of the reasons he was a suspect was that he had been found guilty of sexually assaulting the minor daughter of his father's girlfriend. He did time in jail, and was out of parole (with a violation) at the time of the crime.

The Suspect host said his (convicted) assault victim had accused him of holding her at knifepoint, choking her, and forcibly raping her. He said it was consensual. And even thought he was, again, convicted and put in prison, the production treated it as if it were a still a he said/she said. It was appalling!

I suspect they treated it this way because he was black, and other suspects were white, but he was the only one brought to trial. They wanted him to look like he was the victim of an unfair prosecution because he's black. And so they just brushed aside the rape of a minor -- rape rape, mind you-- to continue the narrative.

We are in such weird times with this Equity justice. Not get an affirmative "yes" from a woman on a college campus? That's rape. Being black and raping a minor? Well, that's just being a victim of the system or something.

Narayanan said...

So : If they have a rap sheet you must treat them as blank slate.

readering said...

In Nevada statutory rape is called statutory sexual seduction. So article accurate.

cfkane1701 said...

Risk assessments.

We are making the same mistakes with our criminals that we've been making with our international rivals for the last fifty years: ascribing rational action to irrational actors.

Communist China isn't a rational actor. They may be deliberate, but not rational, in that they want power and they'll commit atrocities to get it. They'll lie, cheat, and steal tech secrets, and they don't give a damn when some Secretary of State calls their actions "deplorable."

Iran isn't rational. They may be conniving, but not rational. They want a Caliphate and they want Israel gone, and they'll commit atrocities to get it. They'll blow themselves up in a market, strongarm other Muslim countries, and shout that they're victims of the West, and they don't give a damn when some Secretary of State tries to "bring them to the peace table" so he or she can get their Nobel Peace Prize.

Hardened criminals like Darrell Brooks aren't rational. They're persistent, but not rational. They want what they want (drugs, respect, sex, revenge, escape from the police) and they'll commit atrocities to get it. They'll rape, beat, kill, run people over, and when The System imposes its penalties, they don't give a damn, not about being shunned by society, about being imprisoned, not even about "being understood."

We're dealing with feral human beings. The Rule of Law means nothing to them, only the Law of the Jungle. We need to start acting accordingly.

SGT Ted said...

This is simply more gaslighting as to what they are doing with "bail reform". They are releasing career violent criminals back into the community to sow chaos.

Sebastian said...

"Crimes against women don’t count. Rape them, hit them with cars, neglect support payments, strangle them, abuse them, rob them, whatever. Doesn’t matter. It almost never matters."

They don't count to progressives. Race trumps gender. But Dems support abortion, so it's all good.

Until the nice women of America rise up and make them stop, for real. They haven't yet, so the cruelty and destruction continue.

Joe Smith said...

'Crimes against women don’t count. Rape them, hit them with cars, neglect support payments, strangle them, abuse them, rob them, whatever. Doesn’t matter. It almost never matters.'

The mainstream media turned into the Taliban so slowly we hardly noticed...

narciso said...

it's like with crt, it's not being taught, but of course it's wonderful if it was,

bezos has made the post, much more of a minitrue operation,

Original Mike said...

"The narrative gaining traction in white suburban communities now is all about being tough on crime.”

Perhaps the "narrative" is better characterized as 'protect children from being mowed down during Christmas parade by multiple-offender'.

effinayright said...

eadering said...
In Nevada statutory rape is called statutory sexual seduction. So article accurate.
*******************
Is it a felony?

BUMBLE BEE said...

Having seen Brook's videos, I can say without fear of contradiction, that his brain was squirming like a toad. Like Rosenbaum, too far gone for civil society.

mikee said...

Try people for criminal charges less than 1.5 years after the fact - say, 30 days or even 90 days, and the problem of bail goes away. Justice deferred is justice denied, a Supreme once said, and a year later for trial seems deferred enough for a claim of denial of justice to me.

Chris Lopes said...

Oh sure some people died, but what's really important is how this effects our left wing agenda. The deaths of those people mean nothing. The rape that was committed means nothing. They are simply inconvenient facts that must be ignored so we can continue on our match to a glorious progressive future. Eggs, omelets, you know the drill.

Tina Trent said...

Readering, he also ran over a woman with the same car after beating her. She was hospitalized. He was released and then did the same thing to strangers with the same car. The prosecutors and defense attorneys and judges involved in that release should be arrested and charged with violation of oath and obstruction, just as the first prosecutor in the Ahmed Arbery case was arrested and faces these charges.

Start throwing some legal consequences at rogue leftist prosecutors whose crusade to release the violent get people predictably killed. Career criminals who are escalating their violence should never be released pre-trial. But with fifty years of the defense bar running our court system into the ground, starving it for resources, lowering sentences, and talking over the ABA and the law schools, this is what we get.

walter said...

If only Brooks' cries for help were heard by Team Clipboard.
"Crimes against women don’t count. "
Compared to?

Zach said...

It appears, though, that the controversial release may have been not a policy decision, but the result of happenstance and other factors ...

Each defendant is screened by a pretrial risk assessment that uses nine data points, including age and prior convictions, to rate the defendant’s risk of failing to appear in court and of committing a new crime.


The theory here is that once you've chosen your nine data points, what happens afterward is nobody's fault. It's just "happenstance and other factors ..."

The worst part is that at some point someone will go back and reanalyze the nine factors and discover that they're only predictive in a system that uses cash bail. No money on the table, no predictive power. And their attitude will be that the whole thing would have worked if you'd just chosen the right nine factors.

But the real problem is switching to a system where predictable failure is nobody's fault.



Big Mike said...

“The narrative gaining traction in white suburban communities now is all about being tough on crime.”

@Althouse, living in Madison as you do, you seem well-placed to answer this question. Will there ever come a time when Democrats will get sufficiently introspective to ask themselves why suburban communities are interested in being tough on crime? BTW, I assume that the adjective “white” is just there as a dog whistle to tell lefty extremists that it’s okay to hate on those communities (cf. George Zimmerman, the “white Hispanic”). My next door neighbor is darker-skinned than Darrell Brooks, but cares about the runaway growth in violent crime every bit as much as I do.

William said...

If you release a violent felon back into the community, the next violent crime he commits will most likely be upon a member of that community. I wonder why members of that community aren't wary of bail reform. Darrell Brooks' girlfriend and many other similar crime victims have every reason to be critical of bail reform, but you never hear them voice such criticism and, perhaps, such thoughts never even occur to them.....I read about Larry Miller. He's the Nike executive who at the age of sixteen killed another teenager. The other teenager was innocent of any wrong doing. It was just a random, impulsive act of violence. Miller served four and a half years for the murder. (Rittenhouse would have done life if convicted.) After he got out of prison, he did a few more crimes and did another four years. Then he apparently got his life together and went on to become a senior executive at Nike. He wrote a book about his experiences. Everyone complimented him and praised him for his courage in coming forward. We should treat teen age murderers (exclusive of Rittenhouse) with more compassion and forgiveness and not unfairly stigmatize them when they go looking for a job. That's the appropriate moral to be drawn from Larry Miller's story.....There was a one day story in the NYT. They interviewed the family of the boy he killed. That murder left a void in their lives. The mother went into a deep depression and never fully participated in life after the murder. It was a one day follow up story. There's been nothing further.

wildswan said...

At this moment based on what I see so far, I don't believe this man was a terrorist or anti-white. We think no one could do so much damage without a reason, a goal, a cause. But looking at the alleged actions, I think we see a man centered entirely on himself, not on some outside cause. He did what he did (if he did it) because he didn't care about anyone else and never had. And when we talk about reform we should look at this man, an early beneficiary of all the proposed reforms - diagnosed with mental health problems and given drugs since he was twelve; given light sentences because he seemed a low-level offender, only assaulting people in the black community and only women and teen-age relatives there; in all decisions theory was consulted, and the criminal attacks on others were ignored. As I see his alleged actions on the day, he was from Milwaukee, not Waukesha and probably didn't know about the Waukesha parade so he could easily have driven onto the route by accident. There were barricades up and there were police but that sort of thing - stop signs, traffic lights, barricades, police - means nothing in Milwaukee anymore to a significant group of drivers. And the next step beyond - imagine a world with no heaven, no hell and a man in a car, not wanting to go back to jail, thinking solely about himself, about getting through, getting away, back to Chazland-in-Milwaukee. I think Joy Reid could make quite case that Waukesha should apologize for putting its parade in his way. And abolish Christmas.

Fernandinande said...

"Here’s why he was out on bail"

Major incompetence and/or corruption:

Darrell Brooks freed on bail twice this year despite active warrant in Nevada

(I noticed the strings "Nevada" and "warrant" don't appear in the WaPo propaganda).

Joe Smith said...

'Race trumps gender.'

This is correct.

If blacks want to rape and beat up women, the media will make excuses.

If I were you, AA, I'd get a gun and learn how to use it. Pepper spray at the very least.

Readering said...

Depends on age. His age a felony.

Leora said...

I recently read "The Blithedale Romance" written by Nathaniel Hawthorne before our Civil War. The plot in part turns on the narrator losing a friendship over expressing skepticism about criminal justice reform in very much the same terms it is argued today. These are not new strains in our culture.

If man is perfectible (as socialism requires), then every criminal can be reformed if treated well. If man is born to sin as the sparks fly upward we need to deal with protecting the public from criminals with both efficiency and humanity. This is not going to be achieved by treating people as classes instead of individuals.

I used to be when I was young a typist for The Court Employment Project a project of the VERA Institute. They sought to divert offenders from the prison system by getting them good jobs. My working conditions and pay level were substantially below the jobs that qualified. It was a temp job for me but I wondered about the non-criminal brothers, cousins and neighbors of the offenders who hadn't been arrested and didn't get access to those jobs and how it was fair to them.

Mr Wibble said...

pretrial detention increases a person’s likelihood of committing another crime by stripping them of jobs, educational opportunities or custody of their children. Defendants who are held are more likely to plead guilty, even if they did not commit the offense, Van Brunt said, because they want to get out of jail.

I'm actually sympathetic to the arguments that advocates make. Lord knows that the system is rife with abuses, as seen by the treatment of the January 6 protesters. If the government insists that a person is so dangerous, or such a flight risk that they cannot be released until trial, then the government should be willing to cover the costs to that person of keeping them imprisoned.

The real problem is that punishments are too lenient and sociopaths and career criminals are continually released back into the communities. Rosenbaum should never have been on the streets of Kenosha to begin with. Ditto Huber. Ditto David Brooks.

Narayanan said...

Chris Lopes said...
Oh sure some people died, but what's really important is how this effects our left wing agenda. The deaths of those people mean nothing. The rape that was committed means nothing.
----------
According to USA proponents of "rule of law" are deaths and rapes real? ?/res// until adjudicated in court of law ?

so what is the narrative?

Michael K said...

All this excitement is a mistake. The WaPoo tells us that an "SUV" committed the Waukesha massacre.

All good leftists will fall in line.

Narayanan said...

is my understanding correct?
is bail-bond is 10% cash + full collateral.

so on these releases what exactly is the financial arrangments?

is the court bailiff hold 100% bail or just 10%

Can Of Cheese for Hunter said...

bad SUV.... bad!

but - You can go to GOFundMe to help the poor SUV's legal fund.

Wa St Blogger said...

If I were you, AA, I'd get a gun and learn how to use it

She did and has.

I'm Not Sure said...

"If this happened in a far off land, we could call it terrorism."

It would be called terrorism here, too. As long as the perp had the proper skin color, that is.

Leland said...

Brooks had a rap sheet of prior convictions and got a $1000 bail. Rittenhouse had no priors and was a minor, his bail was $2,000,000. I’m guessing equitable formulas factor in other things.

John Althouse Cohen said...

He was also convicted of a sex crime in Nevada after impregnating a minor, officials say.

The word "after" has become a red flag — there's so often a euphemism nearby…

Chris Lopes said...

"According to USA proponents of "rule of law" are deaths and rapes real? ?/res// until adjudicated in court of law ?

so what is the narrative?"

Yes the deaths and rapes are real. The question before the court is usually "is the guy/girl on trial responsible for the crime?" No one doubts the men Rittenhouse shot and killed are dead. No one questions the fact that the people killed by the driver of the SUV are dead. I don't understand what your argument is.

PJ57 said...

Bail is so idiotic. It attempts to assess the likelihood the arrested will show up for the next hearing. What it should try to assess is whether the arrested will commit the next crime. Of course that would require us to get beyond the presumption of innocence bullcrap taught to us from grade school. The people we are talking about are serial predators. Most of these obvious sociopaths should have to prove their own innocence -- or at least non-involvement.

Josephbleau said...

“This could be a huge blow to our work in making the system more equitable,” said David Bowen.”

If your experiment refutes your hypothesis you don’t say, the facts of my experiment could be a huge blow to my theory. You say, my theory was wrong. They will never say that.

tolkein said...

Each defendant is screened by a pretrial risk assessment that uses nine data points, including age and prior convictions, to rate the defendant’s risk of failing to appear in court and of committing a new crime. Judges or court commissioners receive the risk score, along with recommendations by the defense and the prosecution, before setting the amount of bond and the release conditions, which can range from very little supervision for low-risk defendants to weekly check-ins and GPS monitoring.

So, why was Kyle Rittenhouse required to post $2 million for bail?

JK Brown said...

"an inexperienced junior prosecutor and a rushed supervisor "

Was it that? Or is it you get more of what you reward? With the political pressure toward release on low or no bail, it would take a sturdy prosecutor to put their career future on the line for a non-white defendant's no-bail recommendation.

tolkein said...

pretrial detention increases a person’s likelihood of committing another crime by stripping them of jobs, educational opportunities or custody of their children. Defendants who are held are more likely to plead guilty, even if they did not commit the offense, Van Brunt said, because they want to get out of jail.

So why was Kyle Rittenhouse required to post $2m for bail?

The DA should be asked this question every time he appears in public, until he is ashamed.

Mary Beth said...

Where is the inequity in being tough on crime? I don't think that people want crimes like marijuana possession or loitering to be treated as if they were violent crimes, we just want those in charge to stop treating violent crimes as if they were mere nuisances.

Paul From Minneapolis said...

First of all, while I don't think Brooks set out to attack the parade I think it's more likely than not that when he snapped, part of it was suddenly being confronted with a bunch of happy, smiling white people when he was having another of his many self-induced terrible stressful days.

That said I caught one photograph of Brooks at his first hearing that made me go "hm." He just looked unbelievably sad. Obviously it's more than possible that it's just self-pity. But maybe, just maybe, he's begun to realize what he let himself become and that these people didn't deserve to die?

Probably not. But if so maybe he can redeem his soul by letting other white-hating black people know.

Roger Sweeny said...

mikee is absolutely right: "Try people for criminal charges less than 1.5 years after the fact - say, 30 days or even 90 days, and the problem of bail goes away. Justice deferred is justice denied, a Supreme once said, and a year later for trial seems deferred enough for a claim of denial of justice to me."

Leora said...

Narayanan - https://simplybail.com/how-bail-bonds-work

The bondsman receives a percentage of the bail as a fee and posts a surety bond. If the defendant doesn't appear, he is liable to pay the full bail amount to the court. In high risk cases, the bondsman will require a pledge of property usually supplied by relatives or loved ones. People lose their houses and their cars this way sometimes. Depending on state law, the bondsman can engage a bounty hunter to locate and deliver a person who failed to appear to the court. The defendant will then be responsible for costs and interest.

Recently there have been charities that act as bondsmen like the one our Vice President donated to and fundraised for.

The bail bonds person in my hometown had a magnetic sign
on her car that said "In Jail, Need Bail, Call Marie" with her phone number.

I'm not sure how these systems can work when trials are delayed for years.

Bill R said...

I know of an American couple that was robbed at gunpoint in Panama. Mid robbery, a policeman happened by and arrested the bad guy.

The Americans expected that to be the end of the matter. They would be leaving Panama in a week and couldn't return for a trial to be held months in the future.

The Panamanians corrected them. They were going to have the trial right away.

They explained, "You are here, the policeman is here, the defendant is here. Memories will never be any fresher or evidence more complete."

Damned sensible, those Panamanians.

Critter said...

Why do we keep reading about a backload of cases? I, for one, would pay more taxes to increase the number of prosecutors, judges and courtrooms so society could deliver on its promise for a prompt trial. We should not let criminals get to plead down or go unprosecuted because of I suffice to capacity. That just shifts the costs to the future victims.

Bill R said...

I know of an American couple that was robbed at gunpoint in Panama. Mid robbery, a policeman happened by and arrested the bad guy.

The Americans expected that to be the end of the matter. They would be leaving Panama in a week and couldn't return for a trial to be held months in the future.

The Panamanians corrected them. They were going to have the trial right away.

They explained, "You are here, the policeman is here, the defendant is here. Memories will never be any fresher or evidence more complete."

Damned sensible, those Panamanians.

Narayanan said...

Justice deferred is justice denied, >>> is bug to some; feature to some other .

Americans : Ds and Rs have fun figuring out which is which before voting in elections

Rollo said...

If this goes on much longer, people are going to stop caring about what's "baked into" the bail system. Career criminals usually don't accumulate much wealth and their financial straits won't worry the public much.