The Echo Chamber of the Bail Reform Movement

Posted by in Bail Reform, News

The Echo Chamber of the Bail Reform Movement

“Be a voice, not an echo.” – Albert Einstein

bail reform debateWhen one reads a story about our criminal justice system today, it is often framed as a “debate” on criminal justice or a “debate” on bail reform. While those that advocate for bail reform want you to believe that they are engaged in a thoughtful and honest debate, the reality is far from it. The only debate that happens in the bail reform movement is the staged debate that the activists put on in their own echo chamber. A zoom call full of bail reform proponents calling the criminal justice system unfair and discriminatory is not debate. It is a manufactured show filled with talking points, false narratives and questionable facts. A real debate would involve an intelligent discussion amongst different people with different viewpoints with each person offering data and evidence to back their statements. At the end of the day, even though the debate might end in a draw with neither side giving an inch or acquiescing to the other, we at least get to hear both sides of an issue and decide for ourselves. But in the so called “bail reform debate,” there is very little actual debate going on, and instead all we hear is the same old anti-bail talking points in the echo chamber.

Illinois and the SAFE-T Act

The most recent example of this took place July 7th on the Laura Flanders and Friends show on WLIW (Illinois Successfully Ends Cash Bail: Why Is No One Talking About It? | Laura Flanders & Friends | WLIW). The show was titled, “Illinois Successfully Ends Cash Bail: Why is No One Talking About It?” The 26-minute discussion included a public defender who hates bail, an Illinois state senator who hates bail, and a journalist who, you guessed it, hates bail. The conversation starts off with an introduction of the three guests and their role in getting the Safe-T Act passed. This included many of the same tiring talking points about how 2/3 of people sitting in the Cook County jail have not been convicted of a crime and how the only reason they are there is because they can’t afford to pay for their freedom. The guests then go on to talk about the incredible success Illinois has had since the passing of the Safe-T Act and the abolishment of cash bail (even though there have been multiple stories saying otherwise). Ultimately, it was pretty much a veritable kumbaya of bail reform joy and success with all the usual talking points and narratives.

Illinois Never Had a Private Bail Bond System

What is interesting and rather annoying is that at one point in the conversation, the host tries to call out the bail profession by asking one of the guests to comment on the industry that is making so much money from people’s incarceration, i.e., bail bondsmen and insurance companies. The problem with that comment is that prior to the passing of the Safe-T Act, there were no private bail bondsmen in Illinois. They were outlawed back in the 70s. The state senator corrected the host of the show on this fact but still compared bail bond agents and the private bail system to Illinois’ full cash system, stating that both were equally unfair and bad. And in a usual echo chamber fashion, the other guests agreed.

Cash Bail and Surety Bail Are Not the Same

The reality is that the full cash system that existed in Illinois and the private surety bail system that they are comparing it to are very different. While they both secure someone’s release by putting up something of value, the surety bail system is more effective, more affordable, and definitely more consumer friendly. Because with the surety bail system, defendants and their families don’t pay the full unaffordable amount of bail. They only pay a small percentage of the full amount while at the same time the court still receives a guarantee for the full amount. In fact, that is why the surety bail system exists in the first place. To assist those that cannot afford to post the full amount. Additionally, the surety bail system, unlike a full cash system, provides an added layer of oversight and monitoring of each and every defendant. Surety bail agents ensure that their clients show up for court and when they don’t they go get them. That level of accountability is unique to surety bail and does not exist in a full cash system. In a full cash system, this responsibility falls on local law enforcement, who are already overburdened and under resourced. This is something that you will never hear in the bail reform echo chamber.

Illinois’ Pretrial System Was Broken

If there is one thing we could all agree upon, it would be that before the Safe-T Act was passed, Illinois’ pretrial system was absolutely broken. People did stay in jail because they couldn’t afford to pay bail. But that problem is not because of bail bond agents and surety companies, it is because of the lack of them. If Illinois had not eliminated surety bondsmen they would not have needed to completely revamp their criminal justice system at the expense of taxpayers. If Illinois had not eliminated surety bondsmen they would not have needed to move to a system of release or detain, which for the record, always ends up with more people detained (just look at the federal system which has an over 70% detention rate). Once again, words that are never uttered in the bail reform echo chamber.

A Real Bail Reform Debate Needs Both Sides

As long as the bail reform “debate” continues to happen in the activists’ echo chamber and as long as it is perpetuated by media who refuse to moderate accurate and fair conversations, the public will only hear one side of this important issue. If our elected officials want to create a pretrial release system that keeps our neighborhoods safe and holds criminals accountable, then we must know all the facts, not just the ones that are convenient for one side of the so called “debate.”

Sources & Further Reading

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