Guest Author
We are currently having an important discussion in our state and nation about criminal justice reform. This discussion generally focuses two issues: the length of sentences for nonviolent criminal offenses and creating a criminal record (especially for juveniles) for what was essentially a stupid mistake.
Some are using this important discussion to push more radical ideas like eliminating the bail system. In place of bail, they want to simply release criminals give them a reminder call to show up to Court.
Those pushing this radical “catch and release” idea make two broad assertions that are less than accurate. The first assertion is that there is no proof that the bail system works. In fact, the use of bail has successfully been used in the criminal justice system for as long as we have been a country.
The bail system was brought to our country from England where it has been used for over 1,600 years. If you open your Bible to Acts 17:9 you will even see a reference to bail — and that was in A.D. 50! The bail system has a long history of success.
The other bald assertion is that thousands of people are sitting in Florida jails for the sole reason that they can’t afford bail. That is flat out not true. You can get a bail bond for even small amounts of money and bail bondsmen will also take payments.
In almost every instance someone who claims they are in jail because they can’t afford bail has either been to jail so many times that they have burned every bridge with family, friends and acquaintances — or they have a mental illness and they are in jail because their community doesn’t have enough mental health beds. Money alone is almost never the reason someone is sitting in jail.
The “catch and release” experiment of trading bail for a reminder telephone call system has been tried — and failed — all around the country. Generally, it results in a simple equation: no bail = no show.
The problem has been particularly bad in Texas. In Harris County, after a Federal Judge ruled they couldn’t hold poor misdemeanor defendants in jail while awaiting trial — 45 percent of defendants failed to show up for trial. The costs associated with the waste of Judicial resources, not the mention the manpower costs to find and bring in the “no shows” is in the millions.
A University of Texas study shows that 30 percent of Dallas County misdemeanor defendants failed to appear in court after doing away with bail. Again — no bail = no show … with a hefty price tag to boot.
The current law in Florida is comprehensive and has two guiding principles. First, the purpose of bail is to ensure the appearance of criminal defendants at trial. The second purpose of bail is to protect the community against danger from criminal defendants.
The guiding principles of the current bail law in Florida are right on the mark — especially as it relates to public safety. Governments first and foremost responsibility is public safety. When it comes to criminal justice reform — keeping our citizens safe must always take priority over what is convenient for criminals.
The bottom line is this — the bail system in Florida works. We should keep it.
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Jeff Kottkamp is founder and president of Jeff Kottkamp, P.A. He served as the 17th Lieutenant Governor of Florida.
3 comments
Larry Gillis (Cape Coral)
February 12, 2018 at 6:46 pm
The phrase “Catch and release” is terminally CLEVER. Kudos to Jeff Kottkamp for this inspired use of our beloved English language. However, the discussion that follows it is badly flawed. It assumes that most people who are released before trial will not show up, and uses this projection to justify preventive detention for everyone. It is not supposed to work that way, Jeff.
As a practicing Libertarian, I am a believer in accepting personal responsibility for choices made. So, when people do not hold up their end of the bargain — having been released, they fail to show for the next court hearing — then lock ’em up. But do not assume in advance that they are gonna fail. Give them the chance to fail. And, if (and when) they are found guilty of the underlying charges, then feel free to step on them.
It’s the American way. If you want a presumption of guilt, move to Putin’s Russia.
Alex Galante
February 13, 2018 at 8:15 am
Jeff,
There are so many people that can opt into “indigent status.” Whilst I think this is an effective and humane feature of the justice system, I would branch off your point and ask “where do we draw the line?” If just about any inmate has the ability to opt for indigent status with little proof or basis providing so, than would that alleviate them from bail? When you are inside those walls, if there’s a will, there’s a way. If you don’t have the wherewithal to receive bail, chances are you weren’t contributing much to society, and the world can go one without you if you are forced to serve time. I’m just telling it like it is.
Yet, you mention “mental health beds” and attribute this scenario to why people sit in jail without bond. That raises a huge issue: Those with mental health issues need a voice in the system. Many mentally disabled people are easy targets for trafficking and wind up committing crimes in the process. You say money alone is almost never the reason someone is sitting in jail, yet it’s the lack of budgeting for mental institutions of why so many mentally disabled people are lost in the system, which lacks the rehabilitation they need.
Lastly, you mentioned the legislature’s initiatives on eliminating criminal records, especially for juveniles, that was essentially a stupid mistake. I’d like to hear more of your input on this. Especially since our society is so adamant that we continue to punish people for their past crimes in the job sector and housing market. Is it enough that the convicted served out their sentence in the justice system? Or do we owe them more scrutiny for years to come? Just some food for thought.
-Alex
Ken Berke
February 15, 2018 at 8:15 am
Mr. Kottkamp is correct. First, in Florida thousands are released through their own recognizance each year. Many who are released without any monetary bail (ROR) are low level, non-violent first or second time offenders. In fact, many bail schedules throughout Florida have the “recommended bond” listed as “ROR – Unsupervised”. See Pinellas County bond schedule link: http://www.jud6.org/legalcommunity/LegalPractice/AOSAndRules/aos/aos2010/2010-041.htm
The narrative stating thousands of poor are languishing in Florida jails on low level non-violent offenses simply because they cannot afford a bond is a lie. Here’s why: First, from above we already know thousands are released without a monetary bond each year. Second, on any given day there are about 3500 misdemeanor defendants in jail throughout Florida. Sounds like a high number. However, when you consider there are 750,000 arrests each year and that almost 85% are misdemeanors, it equates to about 3500 misdemeanor arrests every 48 hours. 3500 defendants are arrested and enter jail every 48 hours, therefore 3500 are released every 48 hours or the jail population would increase exponentially every day. In fact, Florida jail population has declined over the past 10 years. See link: http://www.dc.state.fl.us/pub/jails/index.html
Who are in jail pretrial? Over 92% are there are felony charges (some extremely heinous crimes) or are being held with NO BOND due to probation or other pretrial violations, holds for US Marshalls, ICE, Out of County/State Warrants or other reasons.
As to appearance; defendants released on a surety bond through a bondsman are typically required to check in with the bondsman at various times. This is to make sure the defendant is still living at the same location, has not left the jurisdiction without approval, and is attending all court dates. Bondsmen will keep defendants and their indemnitors informed of court dates. If a defendant fails to appear, the bondsman is responsible to produce the person or pay a substantial financial penalty. All this at no cost to the taxpayer and no wasted law enforcement resources. The substantial financial penalty is why the bail system works well. There is incentive just like paying your bills on time. Pay late and there is a penalty or the potential of losing the service or product.
Do not believe the lies regarding the pretrial system in Florida. It works very well. Is it perfect? No. However, neither is our jury system. Should we eliminate the jury system because it is not perfect?
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