Buting ,Williams & Stilling ,S.C. | A Criminal Defense Law Firm

Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

Does releasing people before trial drive up crime rates?

On Behalf of | Apr 22, 2022 | Criminal Defense

When deciding who needs to remain in jail as they await trial, courts in most states should consider two things. First, is the person a danger to the community? If they are, pre-trial detention may be justified. Second, is the person a flight risk? In other words, how likely are they to show up at their next court hearing? Pre-trial detention may also be appropriate for someone who won’t.

What should not be taken into account is their wealth or lack thereof. In most states, however, a defendant’s ability to pay bail largely determines whether they will be held before trial.

That is problematic in principle and leads to pernicious results. Allowing wealthier people to be released before trial but not the poor gives the impression that some defendants are worthier than others. It violates the principle that all defendants should be considered innocent until proven guilty. It offends our sense of equal justice and fair play.

Unaffordable bail causes harm to defendants, their families and society. Research has shown that being held before trial increases the likelihood that the defendant will lose their job and housing, makes it more likely they will plead guilty even if they are factually innocent, and increases the odds that they will be arrested for a future crime. About $2 billion in bail is paid each year, disproportionately by the poor and people of color.

In January, the U.S. Commission on Civil Rights concluded that, “pretrial detention, as currently used, tears apart individual lives, families and entire communities.”

Bail reform efforts and the backlash

Over the past decade, at least 14 states and dozens of localities passed bail reform measures. The goal was generally to reduce courts’ reliance on bail and to increase the use of objective (or objective-seeming) criteria for keeping a particular individual behind bars before conviction.

These reforms were immediately met with a backlash. However, when the data came in, we learned that some jurisdictions, including Cook County, Illinois, had reduced their jail populations by over a quarter without seeing any increase in the crime rate.

Then, in 2020, the crime rate did rise. This was national, not specific to jurisdictions who had reformed their bail systems, but critics argued that the rise was a direct result of that reform.

Yet the data continues to show little effect on crime rates from reducing pre-trial incarceration. And the evidence overwhelmingly shows the harm of unjust pretrial-detention.

Nevertheless, pro-carceral forces continue to push for holding more people in jail before trial. We should demand they show hard evidence that letting people await trial at home has actually resulted in more crime before undo a decade of bail reform.

Archives

FindLaw Network

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)