Examining the Pretrial Fairness Act with Clinical Professor Richard Kling
Transcript
Clinical Professor of Law : Last year the legislature enacted what's called the Bail Reform Act, it's also known as the Pre-Trial Fairness Act. The Pretrial Fairness Act outlines a number of offenses that are detainable offenses such as murder, domestic violence, etc., Then the judge has to decide that if the person is not detainable, what are the least restrictive conditions that the judge could release the person on. The original perception on the Pretrial Fairness Act is that it's going to let out a lot of people who shouldn't be let out. Where the Pretrial Fairness Act has changed things demonstrably is previously, if you were charged with a major offense and let's say the judge set bail at $250,000 a number of people could raise that $250,000, now bail is no longer a possibility. In terms of bail reform and how it's worked, I think it's worked phenomenally well. Realistically, again, the fears were it's going to let all sorts of people out who shouldn't be out and it's going to keep people in who shouldn't be in. It's been exactly the reverse. Bottom line is that more people who were previously being let out on serious crimes are kept in.