Bail reform + plea bargain reform + jury nullification = JUSTICE

Last Saturday, we attended a panel discussion on bail reform. The panelists were members of the Community Bail Fund of North Texas. They raise funds to provide bail for those who can’t afford it “...so that they can fight their cases from a place of freedom, retaining the presumption of innocence.”
 
You see, in many cases, low-income citizens who are arrested may be unable to afford even a small amount of bail. This fund gives these citizens the same opportunity as those who have money: to go free to gather evidence and prepare for their defense in court.
 
But helping people make bail is only one part of the overall strategy needed to bring justice back into U.S. court systems.
 
True legal reform requires three elements working hand-in-hand: bail reform, plea bargain reform, and widespread jury nullification awareness.​

Bail Reform
 
First we need a system that motivates accused citizens to return to court for trial, without jailing people merely for being too poor to post bail.
 
When citizens are held in jail while awaiting trial, several consequences can and often do follow:

1. Their incarceration costs the city taxpayers $75-$100 per day, jailing citizens who may ultimately be found not guilty.
2. In most cases, the citizens can’t afford an attorney, so they rely on overworked public defenders.
3. In jail, they cannot get access to legal resources to prepare for and support their own defense.
4. They lose their jobs, thus losing what little income they had to take care of their families.  
5. In some cases, they may lose their homes, property, even their families.
6. They are more likely to accept a plea bargain, admitting guilt even if they are innocent or broke a stupid law.
7. And they still suffer most of the consequences of conviction, even if proven innocent.

 
As we learned at the talk, Washington DC did away with its cash bail system in 1992 and now saves some $398 million a year (more than $1 million per day).  Alaska, California, and New Jersey have abolished or seriously reformed their cash bail systems as well.  The fact is, ALL states can do it and should do it!
 
Plea Bargain Reform
 
The second step is to stop this runaway train of plea bargaining. The process of forcing mostly poor people into accepting guilt for crimes they didn’t commit or for breaking bad laws deprives those citizens of their constitutionally guaranteed right to a trial by jury.
 
Accused citizens face terrible pressure when even their own attorneys advise them to admit guilt in exchange for a reduced punishment. Even if they are innocent. Even if the law is stupid or unconstitutional or just plain bad.  The accused citizens are convinced by the attorneys on both sides that if they hold out for a jury trial, they might spend months or years in jail awaiting trial. They are told that if they get a jury trial, they will probably be convicted anyway and will receive a more severe punishment than the one (the plea bargain) currently on the table.
 
These defendants typically don’t know that with informed jurors hearing their cases in a trial, they stand a far better chance of receiving justice than by accepting unfair punishment in a plea deal.
 
Jury Nullification
 
The third part of the solution is to create informed Jury Heroes out of every citizen eligible for jury duty. When jurors understand their power to judge the law as well as the facts, and to decide what is just in each case, then trial by jury becomes not just an opportunity to ensure justice for one citizen, but also a pathway to reforming the entire legal system.  
 
Putting the Pieces Together
 
When accused citizens are released without bail, they can hold out for their right to a jury trial, no matter how long the wait, rather than accepting a plea bargain that will automatically ruin their life. Meanwhile, they keep their job, and have the opportunity to research the law in order to support whatever defense their attorney might provide. They can also encourage and promote outreach efforts with JuryHero.com and FIJA.org to make sure every potential juror in their area understands and knows how to use their jury powers.
 
One More Piece
 
When the laws are bad or applications of laws are unfair, the very act of taking your case to a jury trial provides an opportunity to let the community judge the law and potentially change the law over time. When enough juries refuse to convict their fellow citizens for unjust reasons, the law becomes unenforceable. Prosecutors will stop trying these cases, and the police will stop arresting people for these crimes. Eventually, maybe with a little kick in the butt from us constituents, our legislators will repeal or revise the bad laws.
 
Next Steps
 
To advance legal reforms, there are several things you can do now:

1. Support groups in your area like Community Bail Fund of North Texas, helping low income folks protect their presumption of innocence and right to a jury trial.  
2. Press your local and state officials to eliminate the cash bail system the way Washington DC did. Better yet, run for office and become one of the officials who brings about bail reform!
3. Spread the word about JuryHero.com and jury power thru social media, word of mouth, and any groups you are part of so that everyone knows how to use the power of nullification.
4. Spread the word to those who might be arrested and accused of crimes. Let them know that they can insist on a trial by jury where informed citizens are waiting for an opportunity to ensure true justice and tell lawmakers what they can do with their bad laws.

YOU have the power to change lives for the better! Become a Jury Hero!
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LINKS:

• Community Bail Fund of North Texas
• Coffee & Politics show about bail reform 1/12/19 (Facebook)
• Cleveland.com article on bail reform
• Washington Post article on bail reform