Ken’s Comments:

 

That this is featured in Time Magazine is good in spreading awareness of the issue. As I have long said, the human toll of many problems in the system is even more costly than the calculable dollars wasted!

On any given day we have from 450,000 to 700,000 people in our jails and prisons awaiting trial, not yet convicted of any crime. Many are there needlessly; they should be released on their own recognizance. (no bail).

 

Excerpts from the Article:

 

Seventeen years ago I made a song, “Guilty Until Proven Innocent.” I flipped the Latin phrase that is considered the bedrock principle of our criminal justice system, ei incumbit probatio qui dicit (the burden of proof is on the one who declares, not on one who denies). If you’re from neighborhoods like the Brooklyn one I grew up in, if you’re unable to afford a private attorney, then you can be disappeared into our jail system simply because you can’t afford bail. Millions of people are separated from their families for months at a time — not because they are convicted of committing a crime, but because they are accused of committing a crime.

But when I helped produce this year’s docuseries, Time: The Kalief Browder Story, I became obsessed with the injustice of the profitable bail bond industry. Kalief’s family was too poor to post bond when he was accused of stealing a backpack. He was sentenced to a kind of purgatory before he ever went to trial. The three years he spent in solitary confinement on Rikers ultimately created irreversible damage that lead to his death at 22. Sandra Bland was also forced to post bail after her minor traffic infraction in Prairie View, Texas, led to a false charge of assaulting a public servant (the officer who arrested her was later charged with perjury regarding the arrest). She was placed in a local jail in a pre-incarcerated state. Again, she was never convicted of a crime. On any given day over 400,000 people, convicted of no crime, are held in jail because they cannot afford to buy their freedom.

When black and brown people are over-policed and arrested and accused of crimes at higher rates than others, and then forced to pay for their freedom before they ever see trial, big bail companies prosper.

This pre-incarceration conundrum is devastating to families. One in 9 black children has an incarcerated parent. Families are forced to take on more debt, often in predatory lending schemes created by bail bond insurers. Or their loved ones linger in jails, sometimes for months—a consequence of nationwide backlogs. Every year $9 billion dollars are wasted incarcerating people who’ve not been convicted of a crime, and insurance companies, who have taken over our bail system, go to the bank. We can’t fix our broken criminal justice system until we take on the exploitative bail industry.

Read the Story and See the Video