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Changing the law to require judges to make supposed predictions of future dangerousness, a position already rejected by Albany lawmakers as likely to exacerbate racism in jail decisions, would not improve safety or make the system fairer. But would completely undermine reforms.
Risk assessments—claiming to be able to predict future dangerousness for pretrial detention & parole decisions—just replicate pre-existing racial disparities because the algorithm data is drawn from criminal justice systems which are endemically racist.
Heres a thing about the discussion about replacing cash bail w/ risk algorithms that claim to predict dangerousness. Kalief Browder—the very symbol for the need for bail reform—would have been deemed “dangerous,” still detained pretrial & traumatized to death. Consider.
Kalief Browder sat on Rikers pretrial for 3.5 years on $3500 bail for a crime he didn't commit. If even he wouldn't benefit from a proposed policy, that proposed policy should be rejected swiftly and immediately. Which NY lawmakers rightfully ultimately did.
The fact that pro-carceral forces around NY--police, prosecutors, lawmakers--are calling for a complete overhaul to commonsense, long-considered bail reform *days after it began* should set off alarm bells: This is fearmongering. This is not reasoned judgment. It’s their plan.
Whether you sit in jail pretrial should not depend on money. Also should not depend on some risk algorithm based on skewed data to determine “dangerousness.” As appealing as it may be, theres no crystal ball. We can’t predict future. But we can detain innocent ppl unnecessarily.
Ending cash bail does not require the creation of another mechanism to incarcerate people pretrial. Armed w/ even more power to do so, judges will do so. The state legislature closely considered whether to allow judges to consider dangerousness. They explicitly rejected it.
Gut reaction criminal justice policy, driven by outlier cases & political expediency is how we got mass incarceration. We're watching attempts to grow & perpetuate it happen in real time. Right now. We need to take a breath & let these reforms work. Have patience for change.
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