Jeff Kottkamp: ‘Catch and release’ proposal for criminals a bad idea
GUEST AUTHOR3 days ago
Jeff Kottkamp
We are currently having an important discussion in our state and nation about criminal justice reform. This discussion generally focuses two issues: the length of sentences for nonviolent criminal offenses and creating a criminal record (especially for juveniles) for what was essentially a stupid mistake.
Some are using this important discussion to push more radical ideas like eliminating the bail system. In place of bail, they want to simply release criminals give them a reminder call to show up to Court.
Those pushing this radical “catch and release” idea make two broad assertions that are less than accurate. The first assertion is that there is no proof that the bail system works. In fact, the use of bail has successfully been used in the criminal justice system for as long as we have been a country.
The bail system was brought to our country from England where it has been used for over 1,600 years. If you open your Bible to Acts 17:9 you will even see a reference to bail — and that was in A.D. 50! The bail system has a long history of success.
The other bald assertion is that thousands of people are sitting in Florida jails for the sole reason that they can’t afford bail. That is flat out not true. You can get a bail bond for even small amounts of money and bail bondsmen will also take payments.
In almost every instance someone who claims they are in jail because they can’t afford bail has either been to jail so many times that they have burned every bridge with family, friends and acquaintances — or they have a mental illness and they are in jail because their community doesn’t have enough mental health beds. Money alone is almost never the reason someone is sitting in jail.
The “catch and release” experiment of trading bail for a reminder telephone call system has been tried — and failed — all around the country. Generally, it results in a simple equation: no bail = no show.
The problem has been particularly bad in Texas. In Harris County, after a Federal Judge ruled they couldn’t hold poor misdemeanor defendants in jail while awaiting trial — 45 percent of defendants failed to show up for trial. The costs associated with the waste of Judicial resources, not the mention the manpower costs to find and bring in the “no shows” is in the millions.
A University of Texas study shows that 30 percent of Dallas County misdemeanor defendants failed to appear in court after doing away with bail. Again — no bail = no show … with a hefty price tag to boot.
The current law in Florida is comprehensive and has two guiding principles. First, the purpose of bail is to ensure the appearance of criminal defendants at trial. The second purpose of bail is to protect the community against danger from criminal defendants.
The guiding principles of the current bail law in Florida are right on the mark — especially as it relates to public safety. Governments first and foremost responsibility is public safety. When it comes to criminal justice reform — keeping our citizens safe must always take priority over what is convenient for criminals.
The bottom line is this — the bail system in Florida works. We should keep it.
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Jeff Kottkampis founder and president of Jeff Kottkamp, P.A. He served as the 17th Lieutenant Governor of Florida.