Many progressive groups have come out against this criminal justice measure.
Election Day is fast approaching, or if you have already received your mail-in ballot — is already here. In addition to choosing a president, you will be asked to vote yes or no on a number of propositions on the ballot — including 3 related to criminal justice.
One of these propositions is Prop 25. If it is passed, it would allow Senate Bill 10 to take effect. SB 10 is the law that would end cash bail in California. Prop 25 was added to the ballot after the bail industry and law enforcement advocacy groups gathered enough signatures to challenge SB 10.
If voters approve Prop 25, then SB 10 would take effect. This would end cash bail as it currently stands in California. However, as a criminal defense attorney in Los Angeles, CA can explain, there has been significant controversy over Prop 25. Progressive groups that typically support criminal justice reform, and who have advocated for an end to the cash bail system, have come out against Prop 25 and SB 10.
According to these groups, such as Human Rights Watch, the system that would replace cash bail in California would give too much power to an algorithm and judges. Under SB 10, people who are arrested for misdemeanors would generally be automatically released before trial, while people accused of violent felonies would remain in jail.
Individuals who have been charged with lower level felonies would appear before a judge, who would then make a decision on whether to keep them in jail pending trial or release them with conditions. The judge’s decision would be based in part on the results of a risk assessment tool that would seek to determine the likelihood of the individual not showing up in court or committing another crime. Each county would develop its own risk assessment tool using an algorithm based on data entered into the program about defendants in criminal cases.
The concern with using these tools is that they could be biased or misleading. Because the algorithm is based on the data entered into the system, any bias in policing — such as arresting more people of color than white people — could then show up in the algorithm. It then will be used to decide if others should stay in jail or be released before trial.
In addition, judges can override the risk determination. Even if the algorithm determines that a person is low risk, a judge can still decide to keep them in jail. In this way, judges have an incredible amount of power.
While eliminating cash bail is a good thing that will promote greater equality in the California criminal justice system, the proposed replacement may not be much better for Californians. Think carefully and weigh all of these factors before deciding to vote YES on Prop 25 (which would eliminate the cash bail system) or NO on Prop 25 (which would keep the cash bail system in place).
If you have been charged with a crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a consultation with a criminal defense attorney in Los Angeles, CA.
