Recently, Senator Michael Gianaris spoke out against New York’s bail system. He stated that the current system discriminates against poor people and leaves them incarcerated for long periods of time. He hopes to introduce legislation that would eliminate bail completely leaving judges three options for defendants. The first would be to remand a defendant with no release while awaiting trial, the second is for defendants to be released on their own recognizance and the third option would be for a release supervised by the courts.
The problem that Senator Gianaris fails to address is that eliminating bail doesn’t solve anything. The problem is with the judicial system itself. It is an overburdened, underfunded system. Asking to replace commercial bail with supervised release through the courts only places a greater burden on a system that simply cannot endure the task.
Bail is not set to punish indigents but rather is set by a judge who has weighed a number of factors in the specific case including if the defendant is a flight risk, a danger to the community and the seriousness of the crime at hand. The 8th Amendment protects people from excessive bail. Bail is set on a case-by-case scenario and is reviewed at the request of an aggrieved party. Commercial bail costs taxpayers nothing. The problem lies in a slow, overworked court system that has suffered abuses since its inception. Adding more to the docket is not only ineffective but also costly. Taxpayers would bear the burden of hunting fugitives who failed to show when released on their own recognizance or refused court order supervision while awaiting trial.
Instead of eliminating the bail system, perhaps legislators should focus on adhering to the notion of a speedy trial for defendants. The motivation for bail reform has hinged on the tragic suicide of Kalief Browder. Browder was arrested in 2010 at the age of 16 for robbery. He spent three years awaiting trial on Rikers Island. Eventually the charges were dismissed and he was released. A year after his release, Browder committed suicide in his family home. The case is devastating, a clear sign that the criminal justice system is flawed. The notion of a speedy trial did not exist for Mr. Browder. He was incarcerated and according to his attorney subjected to horrible atrocities during confinement that led to his eventual death. Hopefully, there can be justice for Mr. Browder and others who have spent far too long waiting for their day in court. Eliminating bail simply isn’t the answer