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| Chief District Judge Lisa Bell |
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These days, the criminals often seem to have the advantage over justice in the criminal justice system. But new bail bond rules for Mecklenburg County, unveiled Tuesday, could help change that.
The new rules will more closely link bond amounts to the level of risk those arrested pose to the community. That should mean higher bonds for the worst or most dangerous criminals. The rules also require court staff to give judges and magistrates more information about defendants to help them set appropriate bail. The aim is to keep dangerous and repeat offenders in jail before trial, robbing them of an opportunity to offend again in the interim. It also could help keep low-risk defendants out of jail, freeing up jail space.
Good. These are sensible ideas that should have been instituted a while ago. Chief District Judge Lisa Bell aptly notes: "If applied correctly, this policy will help ensure that low-risk individuals who do not need to be incarcerated are not jailed at taxpayers' expense, and that individuals who pose a high risk ... are not released from jail simply because they have access to resources."
Economics should not be the primary considerations for this change but they are nothing to sneeze at. "It's not a responsible use of our resources to incarcerate people, at a cost of over a $100 a day, who pose low or no risk," Bell said.
The more appropriate use of jail space is "for individuals who are accused of serious crimes and/or who pose a significant risk to the community," added Chief Superior Court Judge Richard Boner.
In Mecklenburg County that is particularly true since only about 10 percent of felons waiting for trial are kept in jail, in part because people charged with minor offenses are taking up space. The new policy, crafted by judges and representatives of the sheriff, police, district attorney and public defender, is effective July 12. Bell and Boner enacted it by judicial order.
Frustration over practices that many believe enable criminals to avoid significant punishment has sparked an examination of bail policies nationwide. In Missouri, for instance, lawmakers debated a bill in April that would prohibit bail bonds from being issued to convicted felons.
Local communities here have started Court Watch groups to track repeat offenders and go to court to let judges and prosecutors know they expect the defendant to face appropriate consequences.
The Mecklenburg DA's office has come under fire for allowing too many plea agreements and dismissals. In 2008, prosecutors dropped 52 percent of felonies they handled - more than in any other urban area in North Carolina. In response, DA Peter Gilchrist has complained about insufficient resources. The district attorney's office handled about 10,500 felony cases that year with about 75 assistant district attorneys. The office also handled more than 200,000 misdemeanor crimes and motor vehicle violations.
Those realities add up to this: The change in bail bond policy is a good step but it alone won't solve the problem posed by repeat offenders. It especially won't solve what some call "a revolving door" for criminals where defendants are let off the hook with plea agreements and dismissals, facing minor if any consequences for their crimes. Their criminal activities then escalate in seriousness as they continue to escape significant punishment.
Action by lawmakers and taxpayers as well as judges and prosecutors is needed to effectively tackle that issue. This is a good step but there's more work to do.
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