Stories
Slash Boxes
Comments

SoylentNews is people

posted by martyb on Monday September 03 2018, @09:52PM   Printer-friendly
from the Rich-and-poor-treated-the-same dept.

California Governor Jerry Brown has signed Senate Bill 10, the California Money Bail Reform Act, eliminating cash bail in the state:

An overhaul of the state's bail system has been in the works for years, and became an inevitability earlier this year when a California appellate court declared the state's cash bail system unconstitutional. The new law goes into effect in October 2019. "Today, California reforms its bail system so that rich and poor alike are treated fairly," Brown said in a statement, moments after signing the California Money Bail Reform Act.

The governor has waited nearly four decades to revamp the state's cash bail system. In his 1979 State of the State Address, Brown argued the existing process was biased, favoring the wealthy who can afford to pay for their freedom, and penalizing the poor, who often are forced to remain in custody.

[...] Under the California law those arrested and charged with a crime won't be putting up money or borrowing it from a bail bond agent to obtain their release. Instead, local courts will decide who to keep in custody and whom to release while they await trial. Those decisions will be based on an algorithm created by the courts in each jurisdiction.

Bail agents disapprove.

See also: California's 'cautionary tale' for others considering no cash bail system
California's bail bond empire strikes back


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 4, Informative) by Farkus888 on Monday September 03 2018, @11:29PM (4 children)

    by Farkus888 (5159) on Monday September 03 2018, @11:29PM (#730026)

    It is well documented that making an algorithm do it doesn't remove the prejudice. As an example using an address in the algorithm will tag poor and minority neighborhoods as more likely to reoffend. It is true because poor people have fewer resources to rebuild a legal life around a criminal record. It is also self fulfilling since holding them makes it harder for them to keep their existing jobs.

    Starting Score:    1  point
    Moderation   +2  
       Informative=2, Total=2
    Extra 'Informative' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   4  
  • (Score: 1, Informative) by Anonymous Coward on Tuesday September 04 2018, @01:25AM (1 child)

    by Anonymous Coward on Tuesday September 04 2018, @01:25AM (#730059)

    As an example using an address in the algorithm will tag poor and minority neighborhoods as more likely to reoffend.

    It this isn't about reoffending, it's about appearing for your trial. Repeat offenders for misdemeanors will probably still get ROR as long as they show up for their trial and serve their sentence/pay their fines.

    • (Score: 2) by Farkus888 on Wednesday September 05 2018, @07:19PM

      by Farkus888 (5159) on Wednesday September 05 2018, @07:19PM (#730905)

      I understood that completely. This is a new system so there is no data on its performance yet. Similar systems are already in place for parole boards to use and that is a documented shortcoming that they have. While it isn't exactly the same I'd wager it is close enough that some places will even use the exact same software. Why develope Black Mirror style people score software twice.

  • (Score: -1, Troll) by Anonymous Coward on Tuesday September 04 2018, @02:49AM

    by Anonymous Coward on Tuesday September 04 2018, @02:49AM (#730091)

    You write about prejudice as if it was a bad thing. But it's often just a word for experience that somebody wants to remove from consideration. If your address indicates that you're less likely to appear for court, well the truth sometimes hurts. Just like driving a BMW makes you more likely to be an a-hole.

  • (Score: 2) by Beryllium Sphere (r) on Tuesday September 04 2018, @06:32PM

    by Beryllium Sphere (r) (5062) on Tuesday September 04 2018, @06:32PM (#730389)

    As another example, if arrest records are included in the inputs as "objective" data, then discriminatory policing gets baked into discriminatory detention.

    Nerds can help policy makers a lot here. Demanding transparency is one way. Another is asking insightful questions.

    http://www.arnoldfoundation.org/statement-by-the-laura-and-john-arnold-foundation-in-response-to-the-report-on-bail-reform-issued-by-the-leadership-conference-on-civil-and-human-rights/ [arnoldfoundation.org] is not definitive but will get you started on the tree of issues involved.

    Done right, they can make things better for minorities: https://justicesystempartners.org/wp-content/uploads/2018/02/2017-Yakima-Pretrial-Pre-Post-Implementation-Study.pdf [justicesystempartners.org]