MICHAEL WILLIAMS
Staff Writer
The American Democracy Project on campus held a forum with the assistant professor of criminal justice at SUNY Fredonia, Dr. Jessica Finkeldey, and Alexandra Harrington, associate professor of criminal justice at University at Buffalo and director of the Innocence Project in Buffalo. A central focal point of the discussion was to break down the criminal statistics across New York State. The event was also held in conjunction with the League of Women voters, a non-partisan group, and the Fredonia Criminal Justice club.
Finkeldey outlined in her presentation what exactly bail is. When charged with a crime, defendants are expected to show up to court. Cash bail, property bail and surety (loan with interest) bail are the main mechanisms used in most states to ensure that criminals show up to their trial. The prosecutors can also just release you after arresting you, which is called “release on recognizance.”
In 2019, the State of New York passed a law to get rid of cashless bail pay requirements for most crimes except those punishable by death federally. This was done to let more non-violent offenders free so they would not have to wait months for trial in jail and lose their job, house and other things.
After 2020, the legislature added some more violent felonies to the list of crimes that can charge cashless bail, such as firearm crimes, strangulation and crimes that resulted in death. The 2020 amendment also required jails and prisons to collect data on the law.
Finkeldey addressed through her data that fewer people are imprisoned. She wanted to caution with her findings that “this is right during [COVID-19] as well, and we cannot weigh the impacts of both causes specifically.”
From 2019 to 2023, jails in New York City started using more cashless alternatives to bail at a higher rate, as well as upstate New York. A study done by John Jay College showed that misdemeanors and nonviolent felonies in had lower recidivism, reoffendment, rates than in 2019. However, violent felonies and firearm crimes had higher recidivism rates. Again, Finkeldey stresses that COVID-19 really makes it hard to come to a finite conclusion.
There are multiple studies linking the pandemic to higher crime rates in 2020 than compared to now or five years before that. To say that bail reform is the problem of these higher rates of crime and recidivism would be inconclusive.
Harrington gave a birds-eye view approach on the issue of bail reform. Bail has been a foundation and bedrock on English common law and society. The developed world has had bail since the 13th century as a way to incentivize people to show up for their trials. Defendants are refunded the bail money they pay when they go to court.
It wasn’t really until the 1960s that the federal government started to look at bail reform.
However, nothing has really gotten done on bail reform, besides a Reagan-era law that let states use a dangerousness standard to assess releasing criminals. The Manhattan Project was way ahead of its time, offering to pay for people’s bail to prove that release on recognizance should be used instead of cash bail, to avoid ruining people’s lives.
In her presentation, Harrington stated, “[Two out of three] criminals can’t afford a $2,500 bail.” A $2,500 bail would be for most misdemeanors.
Just because of a lack of financial resources, Harrington states, “People have to forgo wages, miss rent, mortgage, car payments, parenting or medication to sit in a jail when they are presumed innocent until proven guilty.” Harrington also shared statistics on race and bail reform. In New York State, the jailed population is 43% Black, while New York’s population is only 15% Black, making Black people incarcerated at a nearly three times clip.
While some people might praise the bill as a step forward, others may see it as a spit in the face to tradition and hard-working people who don’t break the law.
Cashless bail can be viewed as a step forward and as an accomplishment where the most vulnerable in New York State gain some justice back from the system. Overall, at the event, a large group of people interested in their government came together to learn about the “facts of the case” and the all-too-often statistical reality for those who get charged with crimes. The people charged tend to be a part of minority populations , who often become forced to put their lives on hold because they cannot afford their bail payment.