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In part three of our three-part article series, The Constitutional Crisis No One is Talking About<\/em> provides some much-needed recommendations on how to address the problem. A serious response to the last decade would look past the slogan fight of \u201cend cash bail\u201d versus \u201clock them all up\u201d and ask three operational questions.<\/p>\nWho is responsible after release?<\/strong> Release on recognizance<\/a> is enough for many defendants. Others need reminders, a ride, or a treatment referral. Others need a human being who has accepted an obligation. Federal law already contemplates release into the custody of a designated person. State systems should recover that idea instead of assuming that only a pretrial agency or a jailer can be in charge. Money posted by a defendant is not the same thing as a third party voluntarily standing behind appearance. Conflating the two was a conceptual error on both sides of the old debate.<\/p>\n How fast does the case move?<\/strong> Appearance problems compound with delay. So do victim fear and witness loss. If a jurisdiction cannot try a serious felony in a reasonable time, expanding pretrial detention will produce warehouse justice. Speedy-trial rules with teeth, limits on continuances, charging discipline, and enough courtrooms are less theatrical than a constitutional amendment. They are the actual machinery of public safety.<\/p>\n What do the outcomes show?<\/strong> Count more than whether someone missed a date. Count how quickly they returned, whether return was voluntary or by warrant, how often technical violations produced new incarceration, what each model costs, and whether families and victims were better off. Some studies of release mechanisms disagree because they measure different things. That is a reason to gather better data, not a reason to etch detention into the constitution.<\/p>\n Opening the courthouse door matters. So does making sure the person can come back through it when the court requires it, without turning the entire pretrial period into either a void or a cell. The last decade proved that unaccountable release and glacial case processing are incompatible with public safety. The next decade will not be improved by writing a broader power of preventive detention into state constitutions and calling the problem solved.<\/p>\n Measure whether people are released fairly, return, finish their cases, stay connected to work and family, and keep as much liberty as the facts allow. That is a harder program than a ballot title. It is also the one that matches the failure in front of us.<\/p>\n PART 3: What Real Reform Looks Like in the Constitutional Crisis What\u2019s needed are real reforms that actually solve the problem In part three of our three-part article series, The Constitutional Crisis No One is Talking About provides some much-needed recommendations on how to address… <\/p>\n
\nThe Constitutional Crisis No One Is Talking About<\/h3>\n
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