John Pfaff Profile picture
Aug 10 5 tweets 2 min read
Gotta say, I'm increasingly amazed at how fast so many ppl rushed out takes on what bail reform did... given it is *really* hard to even figure out who is bail eligible, esp post-7/20 rollbacks.

In some cases, impossible: eligibility can often turn on things not in the data.
Like, Burglary 2 is not bail-eligible, unless it takes place in the primary living space... which is not a section of 140.25(2).

Or, tell me who is bail-eligible here, given "identifiable person or property" isn't a ... thing in the NY Penal Law. Image
The state bail data doesn't have an indicator for bail eligibility. You have to back it out yourself, and that is really hard.

I thought it was fairly easy, got smacked down (rightly) #onhere a bit recently, and have now spent hours and hours revising it.
I mean, I have multiple ... I don't know what to call them. "Ignorance Indicators," I guess. Variables to flag the cases where we simply cannot say with confidence whether someone was in fact legally bail eligible or not.
This is a big deal, because any criticism of "bail reform" has to focus on the cases where judges CANNOT impose bail, not just the ones where they CHOSE not to.

And that "cannot"? Phew, man. It's a mess to pin down.

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More from @JohnFPfaff

Aug 12
I've seen some ppl argue that progressives are inconsistent for cheering on the FBI here while generally pushing back against policing more broadly, and among the many problems with this arg is that is fundamentally misstates the *A*symmetric politics here.
As I wrote abt Vance's decision years back to NOT go after Trump Jr and Ivanka over some real estate shenanigans, law enforcement fears two types of bad outcomes:

Not going after the politically weak who later reoffend; or

Going after the politically powerful and losing. Image
Our wariness of policing should be equally asymmetric.

We should assume police and DAs have too-strong incentives to go after the politically vulnerable (risky if they reoffend, little costs to losing case/bad conviction).

But also too-WEAK for going after powerful.
Read 4 tweets
Aug 11
This is a good article, but the headline frames it in a really, really bad way.

It’s not that the GOP is no longer the “law and order” party. It’s that they’ve been forced to be explicit abt what their “law and order” rhetoric ALWAYS meant.
The political rhetoric of “law and order” has always been abt the social control of disliked minority populations.

It’s why “tough on crime” types still often prioritize incarceration over less punitive but demonstrably more effective responses to crime, even violence.
A true commitment to real public safety would embrace a wide range of options, will an increasing focus on public health-leaning options.

If the focus is JUST police and prisons—which is the “tough on crime” frame—it’s abt social control.
Read 4 tweets
Aug 10
Y’all.

Y’all.

LISTEN UP EVERYONE.

Apparently qualified immunity exists BECAUSE OF A TRANSCRIPTION ERROR.

It was EXPLICITLY REJECTED in the law creating § 1983.

Mind. Blown. Image
Read the pages screenshot here. Read them all. Just stunning.
These seems like a hell of a gauntlet thrown at the historians on SCOTUS.

Seems like they either reverse QI—a doctrine I think they like—or make even more explicit the ends-driven nature of their originalism.
Read 4 tweets
Aug 10
Just got the precinct-level maps for the Baltimore City DA race, and interesting to note that Mosby's share seems to fit the Black Butterfly pretty closely (dots are non-possession firearm offenses). Image
Obviously, she didn't get a majority in a lot of those precincts--tho still mapping out in how many was she the plurality winner in the 3-person race.

But however much her support dimmed, it remained strongest in the Butterfly.
It's another suggestive example of why the "progressive" in "progressive prosecutor" can be misleading.

Their support continues to appear to be strongest in Black communities, which we generally don't frame as "progressive" (a term that usually refers more to white liberals). ImageImage
Read 6 tweets
Aug 5
The population of San Francisco is 875,000.
The population of Shelby County, TN (Memphis), is 936,000.

The recall election in SF was a Referendum On Everything.
The DA election in Shelby County has barely been acknowledged.
Just Reminder #45,225 of just how facile the national punditocracy’s race for hot-takes was after the recall.

None of it was a serious engagement w the complicated politics of this moment.
Also, the response that the SF metro area > Memphis metro area doesn’t justify this miscoverage, bc Boudin was DA of SF, not the metro area, and the media gave the progressive wins in Oakland—home to more ppl than SF—a fraction of the attention it gave SF.
Read 4 tweets
Jul 21
A few quick thoughts on Biden's new crime proposal: reuters.com/world/us/biden…

1. $13B on cops over 5 years = $2.6B per yr. In 2019, we spent ~$120B on 665,000 officers.

This suggests a 2% budget boost will yield a 15% employment boost?
Also, the proposal is just for 5 yrs. But police are heavily unionized and hard to fire.

So that means cities would take on a 20 yr commitment (+ pension!) for a 5-year, 2% savings.

That said: ofc current admins may jump on it, then burden future ones w costs.
But this also points to real risk of the 5-year grant plan. Govts jump on the grants now, but when the grants expire, they have to keep paying the police... which crowds out non-police spending in the future.
Read 8 tweets

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