Bar Insider
BAIL
REFORM BY DAVID LELAND
Our system of justice requires that criminal defendants are innocent until proven guilty. And yet, every day in Ohio, over 60 percent of people in Ohio jails are there not because of what they have done, but because they can’t pay to secure their release. Bail is supposed to act as an incentive to get people back to court, but instead it serves as de facto detention order if someone can’t afford it. (And, there is no evidence that cash bail actually promotes appearance anyway.)i Many Central Ohio attorneys have undoubtedly observed or represented individuals who have suffered under this system. It’s wrong. So it’s time to fix it. That’s why, together with Republican Representative Brett Hillyer in the Ohio House and Republican Senators Rob McColley and Stephen Huffman in the Ohio Senate, I am fighting for comprehensive bail reform. Today in Ohio, our system of bond schedules means wealthy individuals, even if they’re dangerous, can quickly purchase their release before ever seeing a judge. Those without money, on the other hand, remain in jail even if they pose no threat. Under this system, everyone suffers. The public suffers because
wealthy individuals who are dangerous are let out on the street. The individual stuck in jail because they can’t pay suffers as they risk losing their job, their home and even custody of their children.ii Taxpayers suffer as they’re forced to foot the bill for detention cost; studies show bail reform could save Ohioans over $250 million each year. Finally, the concept of equal justice before the law suffers. Bail keeps poor people in jail, while wealthier people accused of the exact same crimes can buy their freedom.
Thomas Hawk / Flickr
Our legislation seeks to reimagine bond schedules, so that initial release decisions are based on whether someone actually poses a threat, rather than based on how much money is in their pocket.
10 | Columbus Bar L aw yers Quarterly Summer 2021
