Bail Reform Support Demonstrates Harckham is Out of Touch With Reality
Rob Astorino and Peter Harckham are running against each other for state Senate. I have concerns about the changes to bail that were supported by Peter Harckham.
Bail has been used since 1371. It is one of those things in life that is a problem in theory, but in practice very wise.
If the only two options for an arrested misdemeanor defendant are to imprison someone or to release them, judges will release a defendant and trust that they will appear in court to defend themselves against a charge, or to arrange a reasonable plea. So, a person getting themselves in misdemeanor trouble on a continuous basis will be arrested and immediately released from the precinct on what is called a desk appearance ticket.
There now exists little effective immediate checks on a person’s downward spiral of behavior that might be the product of a conduct disorder or other serious stressors in a person’s life – and the person will likely rack up increasing numbers of misdemeanor arrests, each such incident reducing the quality of life for the broader public.
The former availability of bail meant that a string of such arrests would allow a judge to start setting increasing amounts of bail. A person needing to be bailed out on a frequent basis would give a family notice that a person is experiencing difficulties. That bail can start at $1 and increase incrementally means it can be customized for a person’s means, arrest record, ties to the county where the crime occurred, sufficiency of evidence, even dangerousness, if we are to follow the recommendations of District Attorney David Soares (D-Albany). There have been cases where defendants were imprisoned on very low bail because their families were legitimately scared of them and had no choice other than to keep them imprisoned for safety’s sake.
Bail is a useful and necessary tool for ensuring appearance at subsequent court proceedings. It also functions as an important signal for families who might otherwise have been shielded or in denial about a person’s difficulties that are being imposed on others in the form of crime.
Unfortunately, Peter Harckham was interested more in theory than in practicality. He voted to simply abolish bail for very many crimes – even animal torture. He did not ask the critical questions to ensure there was an actual and practical alternative in existence that worked at least as well as bail to ensure public safety.
Rob Astorino has had to make difficult decisions. He has not had the luxury of indulging theory over experience and practicality – and thus has the discipline to be an excellent state senator.
Ed Unneland
Pleasantville
