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When it comes to taking care of yourself, having access to an incredible lawyer is absolutely essential. A few years back, I was accused of a crime that I didn't commit, and it was absolutely devastating. The only way that I got through the ordeal was by finding an excellent general attorney who could represent me. I worked hard to find the right lawyer, and it was amazing to find an expert who truly understood what I was up against. This blog is all about finding the right lawyer to help you through your legal battles so that you can avoid serving time for something you didn't do.

Seeking Great Representation

The Numbers Game: Setting Bail By Algorithms

Henry Jennings

Will you show up for your court date? This is the question that a judge must weigh when deciding on the possibility and amount of bail. If you are the one behind bars, this decision makes all the difference in the world, since it will be a lot more difficult to work to clear your name from a jail cell. Bail allows for the payment of money or property in exchange for your promise to appear in court on the assigned date and to not break any laws while you are free. The way that bail is set is increasingly reliant on computer algorithms, so read on to learn more about how bail amounts are decided.

Traditional bail evaluations: Usually, the judge relies on several factors to determine bail, such as:

  • Current charges
  • Rap sheet (criminal history)
  • Testimony of friends and family
  • Age, education, job status, and more.

There are no clear-cut guidelines, and it is up to the judge to use whatever information is at hand to make what is essentially a subjective decision for bail and the amount. The attorney for the accused has the opportunity to argue against an unreasonably high bail amount, but the accused must remain behind bars until a decision is made.

Enter the algorithm

To counter the apparent arbitrariness of this method, several systems exist that turn facets of the defendant into a score. The accused is rated on several areas and that information is compared to a database of corrections statistics. In other words, defendants who are a certain age (and other factors) may be less likely to show up for a hearing. The judge has the opportunity to take the resulting risk assessment into consideration before applying the bail requirement. Among factors that this program considers are:

  • Current charges
  • Criminal history
  • Age
  • Record of failure to appear at previous hearings

In some programs, the defendant is rated separately for the risk of breaking the law while out on bail and the risk of not appearing.

Positive Aspects

For those who insist that there are proportionately more minorities and poor people crowding the jails, this method can be seen as a step in the right direction, since race and income level are not evaluated. Unfortunately, it should be pointed out that the statistics that power the algorithm-based evaluations are based on past history, which can be arguably be said to have a racial bias due to the disproportionate number of minorities already behind bars.

No matter how your bail was evaluated, speak to a criminal law attorney or visit http://santoreandsantorelawtn.com as soon as possible.  


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