Another genuine question: How does a judge set a fair bail when defendants have access to unknown sums of other people’s money because they’re a political hero?
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There are alternatives to bail, such as supervised release (similar to parole) and making bail conditional on first missing a court date.
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We may be a few hundred years late to this discussion. There are shelves of deep discourse by highly educated full time experts on this topic, and empirical data from many countries.
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Not so. Bail reform is working. NY’s average daily jail census statewide dropped by 30 percent from Jan ‘19 to Jan ‘20.https://www.vera.org/blog/on-bail-reform-we-need-less-fear-based-speculation-and-more-data …
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The law is an algorithm to minimize violence and friction in a society. Almost every aspect represents some tradeoff or compromise between necessarily conflicting goals. It’s rarely possible to perfect it by turning conditional variables into constants.
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We agree that legislation and application of law involves trade offs. We even agree on the goals (e.g. minimizing detention and protecting the public). We simply disagreeing on the best algorithm to achieve those goals. Hence my appeal to the data.
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More data (this time from NJ) available here. As an academic, I’m sure you’re wise enough to know that you ought to keep an open mind about complex empirical questions outside your field of expertise.https://www.arnoldventures.org/stories/new-jersey-set-out-to-reform-its-cash-bail-system-now-the-results-are-in/ …
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Absolutely. But I've also learned the hard way that complex empirical questions are rarely discussed adequately in a newspaper article that tells me exactly what I wish to be true.
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