Monday, November 22, 2021
Daniel Chasin (Cardozo Law Review) has posted Two Steps Forward, One Step Back: How New York's Bail Reform Saga Tiptoes Around Addressing Economic Inequality (Cardozo Law Review, Vol. 43, No. 1, 2021) on SSRN. Here is the abstract:
This Note will analyze how, despite the fact that New York’s bail reforms reduced city and state prison populations, the revised bail law falls flat in its attempt to resolve the economic inequality in the State’s pretrial detention system—an overarching purpose of the reforms. Part I of this Note will chronicle the turbulent recent history of bail reform in New York and will describe the key differences between the old bail laws, the reformed bail laws, and the amendments to those reforms. Part II will analyze how the current state of New York’s pretrial detention system does little to address the Legislature’s goals. After assessing the shortcomings of the newly minted—and subsequently reminted—bail law, Part III of this Note will offer solutions to ensure that the bail law achieves its intended purposes. These solutions will focus on securing an individual’s return to court and reducing pretrial detention, while also ensuring that an individual’s wealth does not decide their freedom while they await trial.