Who is NABA?
- on the side of effectively fighting crime, standing with law enforcement and also standing up for upholding the 8th amendment to the US constitution.
- Highlight the tremendous expertise behind the industry
- Spotlight the importance of the service that N.A.B.A provides for clients, the court system, and taxpayers by assuming all risk and exposure
WHAT IS NABA LOOKING TO DO? WHAT ARE SOME OF THE CONSEQUENCES OF BAIL REFORM SO FAR? WHY IS BIDEN’S PROPOSAL TO ELIMINATE BAIL SO MISGUIDED?
- NABA is creating a plan for preserving bail nationally, that the federal government can insist on before releasing money to state governments in order to fill their budget holes.
- We need to clean up our streets and since some States are letting criminals run wild, placing everybody in real life harm by eliminating bail, it is absolutely essential that the Federal Government step in to protect this constitutional right and enforce law and order. the State is exceeding their authority with new bail "reform" policies. It is not, in fact, "reform”. It is government overreach.
- This is a manufactured crisis for which the alleged solution is far worse that was in place.
- Just look at the results of several attempted state specific bail reform efforts. In some cases, the results have been bad enough to cause the jurisdiction to repeal the changes. From promises of less crime, less time in jail and lower jail populations, to the realities of more crime, more time in jail and larger jail populations, states have been left to fend for themselves. Instead, states are looking for ways to roll back and rethink these ineffective and underwhelming bail reform policies. Yet Biden is calling to eliminate bail???
- Minor reforms to bail may be necessary, but eliminating a tried-and-true practice is foolhardy and dangerous.
- Many New York City DAs now campaign as social justice warriors to get through primaries increasingly shaped by radical activists. Changes to bail requirements, hastily passed, allow violent offenders, many with long records of failing to appear in court, to walk free after committing serious crimes. Defense lawyers are lecturing judges as to what crimes no longer qualify for bail. Judges have been robbed of discretion and barred from considering a defendant's criminal history.
- Prosecutors are supposed to represent the people. They are there to enforce the law, ensure that offenders return for their court dates, and that an appropriate consequence for criminal behavior is pursued and secured. Defense lawyers push back on this, attack the prosecution’s arguments, and represent their clients and their rights. Judges, through various methods, mediate between these opposing positions and preserve the integrity of the process
- If a defendant has no means to pay, he or she is likely to have little else to stay for, either.
- Social connections and willingness to potentially sacrifice a loved one’s home are steep but fair incentives to the defendant to not hurt others further by becoming a fugitive. That also functions to keep offenders on the straight and narrow while out on bail because the lender of last resort (family) has a strong incentive to keep a close watch on the accused to ensure they keep their house, car or life savings intact.
- Furthermore, the alternatives to bail are to hold people throughout trial (often months and years, depending on the case’s tortuous path) or to release them on their own recognizance — in other words: We trust you if you pinkie swear to show up for trial and likely punishment.