I agree that there is a huge need for reform in the system. My point is what evidence is Promise relying on when they promise to make improvements? Why should I think they're better and how are we going to verify in 1, 5, or 10 years that they are?
So if a bail bond company grants a bond to someone and they rape someone, is the bail bond company at fault? Or the judge that permitted them to bail out?
And I'm willing to bet that for each person who commits a serious crime while out on this program, they will have hundreds, possibly thousands of people that don't - that are able to continue working and providing for their family when they otherwise wouldn't. Still an absolutely massive net win.
Harsh(er) punishments are an effective deterrent, and if they don’t deter they should be harsh enough to wipe out offenders through attrition. Eg, shoplifting with 2 hands is easy, with 1 hand is difficult, and with 0 hands is nearly impossible.
Yes, absolutely. It's part of the judge's job to make some initial assessment of risk and set bail accordingly (or deny it entirely). For example, if the charge is murder, bail is automatically denied.
Not at all. Some judges may have that policy, and perhaps some state laws require it (though that would arguably not be constitutional and a violation of the separation of powers), but it's not certain that someone up on murder charges would not be able to bail out.
At any rate, the point is that if someone who has been charged - just charged, not convicted; remember, we're all supposed to be pretending people are innocent until proven guilty here - with a crime commits a crime before their conviction, the fault lies only on that person and that person alone, not on anyone else - and certainly not the judge.
> At any rate, the point is that if someone who has been charged - just charged, not convicted
Agree completely. But if we are not making some estimation of the possibility of guilt and possible behavior by a guilty party given freedom then what is the point of ever denying bail? We deny bail because they might be guilty, and if they are it might not be safe for them to be released. We're not saying that they are guilty, but conceding that it might be negligent to allow them freedom before determining their guilt.
> the fault lies only on that person and that person alone
I'm certainly not trying to absolve the perpetrator, but certainly from an ethical point of view at least (IANAL) you have to admit the possibility of negligence.
Bail is, btw, almost certainly unconstitutional and should be abolished. It's one of those things that slipped through the cracks and was kind of grandfathered in. The Supreme Court has ruled again and again that in a system where persons are presumed innocent any sort of pre-conviction punishment by the state (fines, excessive jail, forced hospitalization) is not allowed. Somehow though the judge has the power to declare somebody a flight risk and order them held until trial. This is a little mitigated by the right to a speedy trial but is still likely wrong.
Had the framers wanted to prohibit bail, the 8th Amendment would be one word shorter; as it is, only excessive bail is unconstitutional.
That's actually my biggest fear with private services like Promise — a new for-profit bandaid both reduces the pressure to reform the underlying system just as it is gathering real steam, and creates a new set of parties with a profit interest in preserving the underlying system.
Bail, or it's denial, is principally about the risk of the accused not showing up to court, and thereby escaping legal process; the type of crime is also considered, but again that's mostly (but not entirely) because it factors into risk to the process (both motivation to avoid process and risk of violence directed at witnesses, etc.)
It's not a matter of fault. It's a matter of who is going to do a better job at granting bail. Promise or a Judge?
Promise says that they can, which in most tech start ups is enough. If we find out 5 years later that your algorithm sucks at, say, picking out clothes for someone, who cares? You go out of business and some people will have gotten worse clothes. If Promise's algorithm sucks then in 5 years later we will have a bunch of additional crime victims on our hands.
>And I'm willing to bet that for each person who commits a serious crime while out on this program, they will have hundreds, possibly thousands of people that don't - that are able to continue working and providing for their family when they otherwise wouldn't. Still an absolutely massive net win.
How will we know you are right? The things that Promise does are the things that should end up as peer reviewed journal articles. That's the point of my question. How is anyone going to know that Promise is working?
Promise would not be replacing the function of a judge here. That's ludicrous. The judge would be permitting a suspect to work with Promise's system rather than rotting in jail.
> How is anyone going to know that Promise is working?
When people are able to work and take care of their families who would otherwise be sitting in a concrete box, waiting for time to pass.
Even if their risk assessment plays no role in who gets bail, they still are involved with major decisions impacting people's lives so the point still stands. Which, after three posts you still haven't really addressed. What evidence does Promise have that their product will make things better? This isn't really something you give the old college try and hope to find success.
>When people are able to work and take care of their families who would otherwise be sitting in a concrete box, waiting for time to pass.
And how are we going to know that is happening? This is the type of stuff that is done with controlled experiments resulting in peer reviewed journal articles.
That is, if you have resources you can get out without Promise, Promise just helps those that were already deemed not a risk to the community by the Judge find a method of spending the weeks/months leading up to their trial still being able to lead a semi-normal life and not incarcerated and not have to have significant financial resources to do so.
That would be a big deal, but I don't see that in the OP or their website. Can you quote where they say that is what they are pitching?
That said, there is a comment that clarifies that this is at least one area they are looking at:
The fundamental issue is that we are focusing on poor people who are bail eligible and incarcerated only because they cannot afford bail. [1]
That said, they could try to expand beyond that. In addition, this additional comment means a lot of what I said, and others have said, may not quite be accurate, at least in the future:
It is a judge. However, there is a recent court decision(Humphrey), that is creating a lot of change within the system. [2]
I've addressed it. People who cannot afford to pay bail (or for a bail bond) will be able to work and be with their families rather than stay in jail. Do you disagree that this is "making things better?"
>>When people are able to work and take care of their families who would otherwise be sitting in a concrete box, waiting for time to pass.
>And how are we going to know that is happening?
Are you over-thinking this? We will know this is happening when people show up for work and then go home to their families at the end of the day.
It's not evidence. You're answer defines a success criteria, but does not give evidence. I agree that if fewer people stay in jail that would be a success. What proof does Promise have that they will achieve that?
>Are you over-thinking this? We will know this is happening when people show up for work and then go home to their families at the end of the day.
And how am I supposed to know that is happening? Is Promise going to publish numbers? What is their control group?
No one is here accusing you of doing any of these things. On the contrary, there is an implication that you are positive that you will be able to do these things, even though you're obviously still validating the idea, at some level.
Edit: switched you're for your.
Isn't Promise proposing a combination of both, rather than just the judge alone? e.g.,
Before: Judge makes decision; person is more or less on their own.
After: Judge makes decision; person loosed but with a variety of tools/functions to help them.
That's literally the definition of a net win. You do your best and things get better, mostly. It doesn't mean perfect