Is Bail Reform the Answer? with Jeff Clayton

Macro N Cheese

When most of us think about bail, we focus on the financial burden it presents to the accused. This week’s guest is Jeffrey J. Clayton, Executive Director of the American Bail Coalition. He talks to Steve about the complicated anti-democratic trap that is our criminal justice system.

Jeff explains that across the US there are plans in place to eliminate bail. (One would think that’s good news. One would be wrong.) In reality, these plans result in greater violations of civil liberties. Bail is being replaced by pre-trial incarceration and risk assessment tools using computer algorithms (AKA profiling?)

In his dissent in United States v. Salerno, Justice Thurgood Marshall warned that we are quickly moving to a criminal justice system where "a person innocent of any crime may be jailed indefinitely." Marshall called the bail system a shortcut to conviction.

Steve and Jeff discuss the most obvious ways to address crime – by providing jobs, housing, and education or training. Some caught up in the criminal justice system need recovery treatment. In the US, those healthcare services have become punitive. Jeff refers to them as the dragnet of the state.

Steve speaks of addressing the material conditions that contribute to criminal behavior. He brings up the concept of a federal job guarantee and talks about resource allocation and macroeconomic justice.

Jeffrey J. Clayton serves as the Executive Director of the American Bail Coalition (ABC). He holds a B.B.A. from Baylor University, an M.S. in Public Policy from the University of Rochester, N.Y., and a J.D. from the Sturm College of Law, University of Denver.

@ambailcoalition on Twitter