What happens when you simply release violent criminals without bond? Good luck getting a bail bonds reformer to answer that question. Instead, they're likely to spout something about how a bail-free society means fewer people behind bars. Now, if it also meant fewer crimes being committed, that might be something to brag about. But the opposite is actually the case.
The Reluctant DA
In the year following New Jersey's decision to do away with cash bail cases of rape, attempted rape, manslaughter, assaults with a gun, aggravated assault, and auto theft all increased significantly. Across the border in Pennsylvania, the story is much the same. In Philadelphia, for example, an anti-bail zealot named Larry Krasner was recently elected District Attorney. Since assuming the office of DA Krasner has made it his goal to release accused criminals without bail rather than prosecute them. One case in particular highlights the folly of his approach.
Three Strikes and Someone Else is Out
Maalik Jackson-Wallace was arrested by Philadelphia police on a gun possession charge one night not long ago. Krasner's office decided he was a fine upstanding fellow who represented no threat to society and he was released on probation. Not long after being released, he was arrested again for possessing and carrying an illegal handgun. Not only was that his second serious offense, it was also a direct violation of the terms of his parole. So how did Krasner react to this contemptible behavior? He simply let Jackson-Wallace walk free on his word that he would show up for his court appearance.
On June 13th Jackson-Wallace - Krasner's paragon of virtue, his victim of the system - was arrested yet again. This time for murder. Jackson-Wallace is charged with shooting an unarmed man in the head, chest and leg, and killing him in broad daylight on the streets of Philadelphia. Krasner's office had no response after learning that this latest chicken had come home to roost. Other than to state lamely that the number of incarcerated individuals in Philly is down. That's right, it is. Because, thanks to Krasner, they're out on the street now running amok.
Abandon Bail, Create Crime
Statistics from all over the nation demonstrate that states that have moved to outlaw or severely restrict the activities of the bail bondsman are beset by spikes in criminal activity. In New Jersey, as we mentioned, serious offenses are up across the board. In Philadelphia, where DA Krasner has done everything possible to avoid prosecuting crime, guess what? That's right, crime is up. Aggravated assaults, assaults with guns, armed robbery, auto theft and more are all up since Krasner began releasing people without requiring bail. Similar sorry tales are playing out in other states like California. Where bail was all but eliminated by outgoing Governor Jerry Brown in a move even the ACLU condemned.
Abandon Bail Bonds, Create Fugitives
But beyond the scores of new victims being created by the no bail movement, there's another story. An untold story created by this mass dereliction of public duty. And that has to do with how the new system ignores the rights of the original victims. Because, you see, the number of accused criminals who are fleeing after being released without bail has skyrocketed nationwide. And why not? If you have nothing to lose (i.e. no bail to lose) by skipping out on your court date why bother showing up? And when these perpetrators opt to flee the original victims are left standing in court like fools. Their opportunity for justice stolen from them by the no bail movement.
Nothing Was Delivered
Bail reformers promised a kind of utopia where untold numbers of innocent men and women would be set free, and the scales of justice would finally be balanced for everyone. What they delivered instead is incontrovertible proof that bail works. And that abandoning the bail bonding system is a recipe for disaster.
Nothing Except The Bill
Another part of the anti-bail fantasy was that releasing dangerous offenders onto the streets would save taxpayers money. Unfortunately - as is the case with every other aspect of so-called bail reform - the exact opposite has proven true. Taxpayers were told that software would determine who is released and who is held. Not only that, but software would keep track of all those released to insure they showed up for their day in court. As a result, taxpayers would save big bucks.
What the anti-bail zealots neglected to mention, however, is that no jurisdiction in the country currently has the technology to keep track of everyone being released without bail. And that developing and implementing it will cost millions of dollars. And so, because no one is watching and there is no bail money to lose, accused criminals are jumping ship in record numbers and not appearing in court. And even the few who are tracked cannot be prevented from raining ruin down on innocent lives. As Mr. Jackson-Wallace is alleged to have done.
Conclusion
Larry Krasner and scores like him across the country have decided there is something wrong with the criminal justice system. But instead of proposing common-sense fixes that hold perpetrators accountable and respect the rights of victims, they've decided the best thing to do is to discard the system's one and only safety valve: bail. If their shortsighted, self-serving crusade is allowed to take root in Adams County, Broomfield County, Weld County and Denver, the Maalick Jackson-Wallaces of the world will have won, and everyone else will lose.