In 1966 then-Attorney General Robert Kennedy convened a National Conference on bail reform. The conference sparked a relatively brief spurt of interest in bail reform and the enactment of federal bail reform legislation. A number of local judges initiated steps to release criminal suspects on their recognizance rather than require money bail. These judges relied on information they required about the ties of the accused to their communities.
The interest in bail reform sparked by the 1966 conference proved short-lived. In many cases the reforms were administered by functionaries not particularly motivated to promote pretrial release and the local courts soon reverted to the bad habits that prevailed prior to the national bail conference. It helped to reverse the tide of bail reform that professional bail bondsmen rallied to protect their turf.
The incarceration epidemic that is currently flooding the nation’s jails and prisons has given fresh impetus to bail reform. All too many people in jails are not serving their sentences but are simply awaiting trial for lack of money to pay for bail. This is not only wasteful but makes a mockery of the presumption of innocence. Too many in this country are guilty without a trial for lack of funds.
The space devoted by the New York Times to the inequities of the bail system is a much overdue antidote. The Times should have done this kind of reporting years ago. The press generally has been negligent in reporting on the early stages of criminal proceedings. Usually the most inexperienced reporters are assigned to arraignments where bail is set and attorneys are appointed. These early stages are critical to the judicial system and it’s past time for the press to emphasize them.
The incarceration epidemic that is currently flooding the nation’s jails and prisons has given fresh impetus to bail reform. All too many people in jails are not serving their sentences but are simply awaiting trial for lack of money to pay for bail. This is not only wasteful but makes a mockery of the presumption of innocence. Too many in this country are guilty without a trial for lack of funds.
The space devoted by the New York Times to the inequities of the bail system is a much overdue antidote. The Times should have done this kind of reporting years ago. The press generally has been negligent in reporting on the early stages of criminal proceedings. Usually the most inexperienced reporters are assigned to arraignments where bail is set and attorneys are appointed. These early stages are critical to the judicial system and it’s past time for the press to emphasize them.
If the press had done its job the short-comings of the bail system would not have languished so long.
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