Sam Bankman Fried released on bail. The system works! 😃 Because bail is not designed to keep guilty or dangerous people off the streets and in jail. Bail is designed to keep *poor* people in jail.

"Jeffrey Dahmer, enters the room without cuffs?!
How the hell do we get stuffed
In the back of a cell on the isle
Ain't it wild?
What's 'criminal?'"

- Chuck D, Public Enemy, "Hazy Shade of Criminal" 1992

"The isle" is Riker's Island. Most people on Rikers are there for pre-trial detention.

In fact, the more dangerous a criminal is (connected to organized crime, extreme wealth, etc), the more likely they are to be able to afford bail.
🙂🙃

The people least likely to afford bail, are poor people, with no connections to criminal organizations, but high probability of being falsely arrested and charged. If you guessed "poor Black people," give yourself 10 points!

1. The US locks up more people than any other nation.

2. Most of these people are innocent. I didn't say "not guilty." I said "innocent." As in, under normal circumstances, there would not even be enough evidence to even charge these people with a crime. The only reason they're charged, is because the DA knows that they can't afford bail, and people that can't afford bail will confess to crimes that they didn't do. Happens every day.

3. People caught in this trap are disproportionately Black

Imagine you are a Black man with a wife and 2 kids living in the Bronx. You and your wife both earn minimum wage. You've never been arrested, never committed a crime, don't do drugs, never been in a gang.

One day, you're arrested and falsely accused of a crime. You're sent to Rikers. There is definitive proof that you were somewhere else at the time of the crime. DA says they're going to charge you. You can't afford bail, or an attorney.

You'll be in jail for up to *2 years* prior to trial.

Rikers is a dangerous place. I don't care how much UFC you think you watch, or how tough you think you are. You are not ready.

DA says if you plead guilty, they will let you out today with 5 years probation. If you maintain your innocence, they will charge you with 5 years.

Even if you beat the case, you will be in jail for 2 years. You will lose your minimum wage job. Your wife may lose custody of the kids, if she fails to "maintain a home." Which puts your kids in child protective services.

During that 2 years, your credit score will become ruined. Your wife will have to "put money on your books" meaning pay exorbitant fees to send you money, so that you can buy snacks. She may even have to pay exorbitant fees just to send you emails.

And she'll have to find a way to pay for that on her single minimum wage salary.

Or... plead guilty to something you didn't do, and go home today.

Real people make this choice every day.

On the other hand, in a system where bail is illegal, you will be charged, and told that your court date is two years from now, and that you must appear on that court date, and that if you don't appear you will be fined or arrested... but that you can go home today.

You will leave jail, go to collect the evidence of your innocence, and give it to your public defender. Your public defender will tell the DA "You will lose in 2 years. Give up now." The DA will say "True.🫤" And *drop the case*.🤯

Important point:
Bail reform doesn't "Release dangerous criminals onto the streets."

Bail is supposedly designed to make sure people show up to court on that date in the future.

There is a completely different dimension on "risk to the public." Whether there is bail or not, a judge can decide whether or not a defendant should be in pre-trial detention or not.

If there's strong evidence of community danger, witness tampering, etc, judges can require pretrial detention.

A lot of white Americans don't value bail reform, because they can't conceive of themselves being charged with a crime they didn't do, when there is literally zero evidence. That seems like a vanishingly rare occurrence.

A lot of Black Americans do support bail reform, because they know that being falsely accused of a crime is a very real possibility for them. Happens a lot.

Both groups of people are correct in their risk assessment. 🙂🙃

There's a whole genre of videos that are "White person loses iPhone, accuses closest Black person of stealing it, finds it moments later in their purse or pocket, and either apologizes or doubles down on the racism."

These don't all have happy or funny endings. Many of these stories in NYC, wind up at Rikers.

If the falsely accused Black person takes off running, the lack of iPhone on them is explained as "They threw it while running!"

Staying, remaining calm, and filming, is a safer option.

@mekkaokereke thanks for posting. This was very informative and at the same time frustrating to read.
@mekkaokereke and this is why the UK bail system works like it does....cash bail while legally possible isn't really a thing here. Bail is normally granted with conditions rather than a bond, how severe those conditions are depend on how likely the judge feels somone is to actually show up at court when ordered. Normally it involves little more than informing the court where they will be staying and notifying the court of any travel out of the area...
@mekkaokereke people may be required to check in on a regular basis, normally by phone but sometimes in person. More significant absconsion risks may even be required to wear an electronic tag and surrender passports etc... But overall the magistrates have a tenancy to set whatever conditions are appropriate then let people out keeping a close eye... If they then break the conditions they are likely to end up in pre trial detention.
@mekkaokereke Not to mention the *documented* case where a Black person was accused of stealing a car - which was his, and he had the papers on him to prove it!

@mekkaokereke would it be ok to share this to another platform?
This is Fucking Good!
Ppl need to hear it like THAT!
if so, do you know easiest way?
*Kinda tech illiterate 🙃

❤️‍🔥

Xes

@mekkaokereke I know from personal experience that ability to pay a bond is deeply tied to how much wealth you have. I was very lucky when my X-husband (and kids’ dad) needed to be bailed out I could come up with 2k - but more importantly I could show I had a retirement account with 20k in it. I know I am very lucky to have been able to do that. If you work a minimum wage job you most likely cannot.

@mekkaokereke might be good to share with folks that many workplaces that do matching donations support multiple bail relief programs. Philly Bail Fund is among them, and it encourages me to donate as much as I can knowing the company is contributing likewise to help a local group that is so unfortunately needed because Bail Reform is needed!

https://www.phillybailfund.org

Philadelphia Bail Fund

The Philadelphia Bail Fund is a community bail fund based in Philadelphia that posts bail for people who are indigent. We work with the community to vigorously advocate for the end to cash bail in Philadelphia and cities around the United States.

Philadelphia Bail Fund
@mekkaokereke thank you for this thread. We're pushing back on attempts to rollback the elimination of cash bail here in NJ. The court system just released a report highlighting how many people were kept out of jail, how feew committed other crimes pre-trial and how many showed up to to their court dates. It moved everything in the right direction so now of course Dem Legislators are trying to claw it back for specific crimes or pre-trial violations.
@mekkaokereke @matt_dragon I’m curious where I can find out more about what’s happening in NJ about this. As a resident, I’d like to know which legislators I can push on to keep it going in the right direction.

@rawfysh @mekkaokereke @matt_dragon
I can't tell you which legislators (all of them?), but I can suggest a way to grade how they're doing: BJS CSAT advanced query, offender characteristics, year-end population, race, your state, most recent year available (2018 for NJ). Compare the numbers to Census quick facts.
https://csat.bjs.ojp.gov/advanced-query
https://www.census.gov/quickfacts/fact/table/NJ/PST045221

Also, keep pushing the government to track and report this data
------------------------
#racism #inequality #NewJersey #police

CSAT-Prisoners

Bills to toughen penalties against car thieves advance, despite objections - New Jersey Monitor

The Senate Judiciary Committee advanced eight bills largely aimed at expanding penalties for car theft, despite social justice reformers' concerns.

New Jersey Monitor

@mekkaokereke A version of the story linked below was on NPR yesterday. It was unbelievable to me—though it shouldn't be.

"KRAIG LEWIS WAS living in Connecticut and was nine credits away from his MBA when the neighborhood he had spent his life trying to get away from came back to haunt him."

https://theintercept.com/2019/04/25/bronx-120-report-mass-gang-prosecution-rico/

The Largest Gang Raid in NYC History Swept Up Dozens of Young People Who Weren’t in Gangs

The prosecution of the Bronx 120 raises serious questions about due process and the abuse of federal conspiracy charges.

The Intercept
> At the same time, 40 miles and a world away, police showed up at the loft apartment Lewis shared with his girlfriend in the seaside city of Bridgeport. Lewis, who had no criminal record and had never been arrested before, was taken away in handcuffs while his 6-year-old son was asleep in his bed. Police drove Lewis to the local station and then back to the Bronx, to a police precinct where he saw dozens of his childhood friends, some for the first time in years.
@mekkaokereke “A liberal is a conservative who’s been arrested.”

@mekkaokereke
I really don't think white conservatives are thinking of through that much.

They are told that "crime is legal now" and that crime is no longer being punished in those horrible blue states. This furthers the narrative in their heads about how great red states are compared to blue states.

White Democrats don't want to contradict white Republicans anytime they get into a racist frenzy because they want to seem more "centrist" and boast about "reaching across the aisle."

@tofugolem @mekkaokereke Your full thread is really highly informative and discloses a true face of a Super Democratic World Power.#Blackamericans
@tofugolem @mekkaokereke I’m a white Democrat and have no problem telling white republicans to go f*ck themselves. I have no desire to seem centrist.
@CivilityFan @mekkaokereke
Most sing the "but both sides" song to make Republicans seem less bad, and read or write articles about "polarization."
@mekkaokereke I support bail reform, because it's bs that poor people sit in jail for non-violent offenses because they are poor. One step above debtors prison.
@mekkaokereke Subjective reply here, but when I was a white teenager smoking pot on the streets of lower Manhattan in the mid/late '80s, the cops responded very differently depending on whether black friends were present at that moment. I -- white dude -- never spent a night in jail.

@mekkaokereke

No one who hasn't been convicted should be in jail, IMO. Accusations are not convictions. Arrests are not convictions. Due process should be followed before anyone is incarcerated.

@maurinskyTRM @mekkaokereke

Do you even realize how insanely many people never come in front of a judge in the USA before doing jail time.

This is totally out of whack 😡

https://en.m.wikipedia.org/wiki/Plea_bargaining_in_the_United_States

Plea bargaining in the United States is very common; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial.

They have also been increasing in frequency—they rose from 84% of federal cases in 1984 to 94% by 2001.

Plea bargaining in the United States - Wikipedia

@mekkaokereke It's really easy for White people to trust in a system which has not wronged them in an appreciable way.

A fish does not realize the water it swims in until it is taken out of the water.

@mekkaokereke I favor bail reform because I don't understand why your flight risk is determined by your ability to lay for insurance against it. And the richer the person is, the less it matters. It's a messed up system.
@mekkaokereke Snd cash bail is soo discriminatory against the poor. Again, often people of color.
@mekkaokereke: a lot of people I have talked to about bail reform think that it just lets criminals walk free. Not sure why they don't realize that those same criminals often walked free as a result of posting bail. The only people that a bail system keeps in jail is poor people who cannot post bail.

@rybaby @mekkaokereke

Isn't there the presumption of innocence until one is judged guilty.

Another factor working against anyone accused is the plea bargain system.

https://en.m.wikipedia.org/wiki/Plea_bargaining_in_the_United_States

And when you decide to go in front of a judge we will make sure your imprisonment is 3 times longer if the verdict turns against you. Now you are 'free' to choose a deal.

Plea bargaining in the United States - Wikipedia

@mekkaokereke TBH, most of rural White America who are staunchly Anti-Woke are very afraid the same apparatus will apply to them. Some recognize that and know that policies that our boomer parents and grandparents made or didn't oppose are totally F#@&3d up and need to change. But many don't wanna risk their assumed inheritance by pissing off memaww and just keep regurgitating FOX talking points to get a payoff. It's gross!

@mekkaokereke this would be my only point of disagreement, colonizers don't support bail reform because they approve of the system as it works now.

"Supporting" bail reform also isn't the same as implementing it either.

but this thread is 💯

@mekkaokereke "collars for dollars" doesn't seem to be known well enough.
@mekkaokereke One group is myopically unaware of (or in many cases selfishly unconcerned about) the other though. And that's the crux of the issue.

@mekkaokereke On the bird app I've been following three outstanding public defenders and vocal #bailreform advocates: Olayemi Olurin, Scott Hechinger and Alec Karakatsanis. Highly recommend for people wanting to find really great info on the subject to learn and share.

Olayemi and Alec were recently on The Breakfast Club.

https://m.youtube.com/watch?v=gT-vUVldPU4

Alec Karakatsanis & Olayemi Olurin Talk Copaganda, Wage Theft, Republican Party Gone Fascist & More

YouTube
@mekkaokereke @AnitaH2 only if you assume one cares only for yourself or people sharing your skin color
@mekkaokereke and there's a stupidly large amount of white people who don't support bail reform because they can't conceive of not having some relative who can/will pay their bail if they get picked up for nothing, or even for something stupid they *did* do.
@mekkaokereke Exactly. The bail reform act in Illinois is being pillaged by false information by the GOP and broadcast by fools like Rogan. Bail reform, elimination is needed. The prosecutor has to convince the judge to hold someone, not default jail people, who can't pay bail.

@mekkaokereke I thought John Oliver did a great job covering bail reform not too long ago, but I don't have anything to compare this to.

https://www.youtube.com/watch?v=xQLqIWbc9VM

Bail Reform: Last Week Tonight with John Oliver (HBO)

YouTube

@mekkaokereke Missing from this conversation is the perception that people released w/out bail are criminals who are out on the street criming again within hours.

This perception is not 100% right or wrong. It only takes anecdotal stories in the news to reinforce perception of crime out of control. Add a visible homeless populations and the police blaming the revolving door/ DA unwillingness to prosecute and you get an uphill battle eliminating bail.

@jonahstein
Exactly. I could release 100K innocent people on bail, and only 1 of them commits another crime. Doesn't matter. They can make a news story of that 1 case.

Any person that commits another crime while on bail is framed not as "Should the judge have denied release here?" Or "Why wasn't this clearly disturbed person provided access to shelter, mental healthcare, and their medication?" but instead as "See! Bail reform is bad! Put the other 99,999 poor people back in jail!"

@mekkaokereke I agree with everything you are saying in this thread. And I am also mystified how the right to a speedy trial now allows more than a year to still be considered constitutional. Most straightforward cases should be resolved/tried in a month.
@mekkaokereke Sounds like a Better Call Saul episode.. It's all good man!!!