One more detail here. I've seen ppl outraged at the DA over this bond. That... may not be the case here.
PA rules vary by county, but believe this is a county where the initial bail decision can be made by the arresting officer and the judge... alone.
No DA. No def lawyer.
It's a crazy rule. The cop and the judge (all too often likely a former DA) get to set the initial bail with no lawyers present.
There eventually has to be a hearing with lawyers, but believe that can be up to two weeks later.
Two weeks in jail. That's big.
Imagine a county where the DA doesn't want to prosecute minor stuff anymore, but the police and former-ADAs-turned-judges do.
They can effectively create two-week sentences for offenses that consistently get dropped by the DA.
That could be all they wanted in the first place!
Anyway, another good reminder of how often small technical legalistic rules (here, who is present at the first bail hearing, how do we select our judges) can be the drivers of deep injustices--drivers that persist BECAUSE they are so boring and technocratic.
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In 2016 Survey of Prison Inmates, of those serving time for a VIOLENT crime that is NOT homicide or rape:
• 62% claim NO ONE was physically hurt
• 21% admit serious injury (death/rape/stab/shot/broken bones)
• 17% admit minor injury
According to the BJS prisoner count, there are ~350,000 ppl in for violence other than rape or homicide (SPI-16 est is 375K, so... close).
That would be over 200,000 ppl in prison for violence who claim to have hurt no one.
Further complicates "violence" as a category.
Of course, these are self-reports, which are always noisy and messy.
Still, even if we assume some desire to downplay harms, still suggests many in prison for violence didn't cause physical harm (betting a lot are robberies).
$50,000 bond imposed on a homeless man who almost certainly made a mistake (and thus didn't break the law) when he thought over OVERpaid for a Mountain Dew but inadvertently underpaid by 43¢.
As article points out, felony theft in PA requires intent: he had to INTEND to stiff the store.
The DA has to prove this *beyond a reasonable doubt*. The sign said "2 for $3." He paid $2 for ONE.
I can't imagine a DA who could win this one at trial.
Still: a **$50,000 bond**
The state would lose this case for sure if it goes to trial.
But that $50K bond? Now the man's in jail. Bet he gets a misdemeanor "time served" plea offer to go home that day. Does it take it? Or does he languish longer in prison and have toroll the dice on SEVEN YRS in prison?
Been thinking more about this graph, and I wonder if it shed any light on the NCVS/UCR divergence of the 1970s/1980s. Has anyone seen a paper linking these together?
Because the local fear of crime seems to track the NCVS more than the UCR.
I know I’m in the minority here, but I feel like trying to underplay a historic spike in homicides (and a likely spike in shootings) by pointing out that all OTHER crimes mostly fell is a not a great strategy for reformers.
It actually plays into Tough-on-Crime’s hands.
To argue that crime fell--even when murders really did rise by quite a lot--suggests that "reforms" are a luxury to be indulged in only when crime is low or falling.
We need to lean into the rise, not recoil from it.
Murder went up. By a lot.
On the status quo's watch.
Murder went up in places with no reforms. It went up in places with reforms... but those reforms were always less than their detractors (and many proponents) said.
This graph always strikes me as so wild, and so important.
Americans from ~2001-onward have been afraid of crime... in general. But not near their home.
Our general fear of crime has little to do with actual risk, which we KNOW to be low. It has to do with generic fearfulness.
And it's REALLY intriguing to see that local fear of crime FELL... in 2020. The 2020 results come from November 2020. By then we were well aware of rising homicides.
This casts fearmongering by tough-on-crime types in a different light, I think.
It's clear that people are aware of the risks they face near their homes... which makes sense, since we spend a lot of time there.
The fearmongering, then, isn't really about making ppl think they are ACTUALLY at risk. Seems like it is more about just making the world ... scary.
While true that police union fought the mandate, important to note what really happened here.
State law already PREEMPTS local govts from imposing mandates on police/fire. City thought state order gave them authority, but now looks like it might not.
This is a good example of how for years las enforcement unions have effectively lobbied to carve out all sorts of state-level exemptions for themselves (see also: disciplinary record protections).
The lack of accountability is often embedded in state laws.
That’s not to say that union resistance was irrelevant. Who knows why the guidance backtracked on the grounds that police don’t really provide medical care. Maybe it was done as a face-saving way to cave.
But still important to note that this is fundamentally a preemption issue.