>(New York in particular ran into this problem; they actually abolished bail in 2019, but brought it back immediately in response to preliminary suggestions the reform might have increased crime.)
The only part of your statement that's factual is that there were premature complaints that it increased crime. That has yet to be validated.
As for the rest, cash bail was not completely eliminated. Rather it was eliminated for most non-violent and some violent offenses.
The changes made by the NYS legislature made more (not all) violent crimes eligible for bail, and gave judges more discretion as to whether to set bail or not[0].
As such, in New York State most offenses are not bailable. Which is a huge improvement over the prior regimen.
Many people would languish in jail for months or years, while they lost their jobs and their homes.
Even more cruelly, prosecutors would use this to essentially force people to accept plea bargains which required them to plead guilty to crimes they may not have committed, just to get out of jail and try to salvage some semblance of their lives.
That just creates a group of people who are now homeless, jobless and have a criminal conviction -- just because they couldn't afford to pay for bail.
That's a great way to create more folks who have no means, a big red 'X' anytime they apply for a job and little respect for the law -- given how the "justice" system destroyed their lives with cash bail.
You might think "Well, they were put in jail for a reason." But this wasn't a sentence after conviction, it was criminalizing poverty. And that's just wrong.
I think cash bail is horrible. If you are so dangerous that you need to be kept away from the general public before trial, then you shouldn't have the option of bail at all.
And that should be proven via actual evidence before a judge, not any sort of ML model.
Many here seem to see this as a technical issue to be solved, with better training data, more refined models and clearer definitions of the problem/search space.
It's not. People's lives are often ruined by cash bail. Prosecutors should be required to prove, with actual evidence that each defendant is a real flight risk, or is likely to harm others before being remanded to custody without bail.
Everyone else should be required to respond appropriately to court orders WRT contact with prosecutors, appearance at hearings/trials, etc. but should not be required to post bail.
[0] https://www.brennancenter.org/our-work/analysis-opinion/new-...