Crime is and always will be something that impacts each and every one of us. No matter what side of the political spectrum that you sit on, we all want to live in a community that is safe and secure. That is why crime is always such a hot button issue around election time. Elected officials tap into that one thing that everyone wants, safety and security for themselves and their families. Pretty simple right? Then why has our criminal justice system been such a mess over the past few years? Why do we see such drastic swings in crime levels from decade to decade. In the 1970s we saw crime spike throughout the country. Then in the 1980’s we got tough on crime, and we saw jails fill up and our communities became safer. Then in the 90s we saw our elected officials turn their attention towards jail overcrowding and they became soft on crime, which predictably resulted in crime increases. And so on and so on through the 2000s.
So, over the past 50-60 years we have seen the pendulum of crime and safety swing back and forth, and back and forth in what seems like an endless cycle of overcorrections and pushing the needle too far in either direction. When crime is bad, our elected officials lean more conservative (right on crime) and support and implement policies that lock people up in jails. When the jails get full, our elected officials suddenly change their tune and shift more liberal and now support and implement policies that are more forgiving and softer on crime. And the dance continues from year to year. In what seems like a dizzying cycle of polar opposite approaches that provide short term ineffective band aid solutions to what can be a serious wound on our communities
One of the most powerful levers driving this swinging pendulum is financially secured bail. We have witnessed over the years that when bail policies are softened, and defendants are provided with cheap or even free alternatives for release, we see accountability decrease and crime increase. When bail policies are strengthened, we see the opposite effect. Judges setting high bails or denying bail. Crime typically goes down, but we end up with jails filled with defendants who have no opportunity for release. At no time during these pendulum swings in bail policies and practices do our elected officials look for a middle ground. A middle ground where defendants are held accountable, and victims get a chance at justice. A middle ground where secured bail is utilized appropriately to achieve an essential balance between hard on crime and soft on crime. A middle ground that we can refer to more appropriately as smart on crime.
The concept of bail is a very unique and effective means of stopping the unrelenting pendulum. By supporting strong bail systems, communities ensure themselves of having a balanced, fair, and effective system. People who are accused of crimes can be released in an accountable way. Financially secured bail creates a powerful incentive for the defendant to appear in court and face the charges for which they are accused. It also creates a third-party incentive for the family and the bail agent to ensure that the defendant shows up for court. This incentive has been shown time and time again to result in much higher appearance rates and even better rates for bringing defendants back to court should they ever fail to appear. And when the defendant is in court that means that the crime victim gets an opportunity for justice. If a defendant does not show up for court the entire system breaks down. The defendant doesn’t get to tell their side, and the victim doesn’t get justice. And in cases where a defendant fails to appear for court and decides to commit additional crimes, the community becomes less safes. In the end, everyone loses. That is why appearance is so important to operational effectiveness of our criminal justice system. That is why a strong bail system is essential.
Today, the pendulum continues its swing towards a hard on crime approach. Our elected officials need to take a step back and break the Jeckle and Hyde cycle of crime. They must look to leverage tools like financially secured bail to effectively manage the release and appearance mechanisms in our criminal justice system. When this happens, just maybe will we see the pendulum stop its swing from hard to soft, and instead we will see it stop in the place where it makes the most sense. In the place where everyone benefits. In the place that is not right, not left, but smart.