Pretrial & Defense

Dissecting the criminal justice system in a classroom always felt comfortably analytical. Built on a foundation of logic and reason with the end goal of order and peace, the system made sense to me. It seemed to be a desirable and right institution in a very chaotic and wrong world. But this sheen of reasonability hides the system’s creativity; its loopholes and bureaucracy work like snares against those whose wallets are too thin to cut themselves free. The webs of the system take years to unravel and understand, let alone remediate.

Each courtroom in the United States houses an American flag. When judges bruise their benches with gavels, it happens under the watch of our stripes and stars. Like all the other neighbors in my sleepy Iowa town, naivety and the protection of middle-class suburbia let me grow up believing that the threads of our flag are woven with liberty and justice. The ubiquitous message throughout my schooling and in my home was that I didn’t ever have to worry about jail. It was for “bad people” who did “bad things” and no one else.

March 16, 2020

The Honorable Greg Abbott
Office of the Texas Governor
P.O. Box 12428
Austin, TX 78711

Mitigating Disaster: Urgent and Just Responses to COVID-19 in the Texas Justice System

Dear Governor Abbott:

 
Last updated: August 29, 2019

It’s Sine Die – the last day of legislative session – and TCJC is thrilled that so many positive bills have progressed to the Governor’s desk.  A few have already become law!

The Governor now has a 20-day period to review the bills and either sign them into law, let them pass into law without his signature, or veto them.

On any given day, more than 60% of the people held in county jails across Texas have not been convicted of the crime with which they’re charged. These 40,000 people are incarcerated, draining important county resources and watching their jobs, families, and quality of life crumble, simply for being unable to pay their bail amount.

On any given day, Dallas County incarcerates about 5,100 people in county jail. About 71% of these inmates are “pretrial,” which means they are awaiting trial for the charges against them. If they are in jail as a pretrial defendant, it generally means they cannot afford bail, or they are held without bail.

This is a MUST READ op-ed if you want to understand why bail reform is so important: Cash bail system promotes profit, not justice.

In June of this year, the Vera Institute of Justice published “Out of Sight: The Growth of Jails in Rural America,” listing the counties and parishes across the country with the highest rates of pretrial incarceration. Of the top 10 counties with the highest rates of pretrial incarceration, four are Texas counties—more than any other state. They include the following counties: Limestone (7), Dimmit (5), Garza (4), and Kent (3).