No cash bail system is working in L.A.
Since the proof of the pudding is in the eating, no one really knew how the implementation of a no-cash bail system in Los Angeles County would work.
That very much includes those such as this editorial board that supported the concept before it was put into place.
You can know that some idea or plan — anything at all — is the theoretically correct move to make, and yet you could never guarantee its success. There are unforeseen pitfalls, changes in human desire and behavior, extenuating circumstances.
The county's proper elimination of cash bail in its court system is in very early days. A preliminary report on its successes and problems is still a couple of weeks out. And yet, as reporting by our news group's Jason Henry and Scott Schwebke shows, the early look is good for the policy.
“Individuals who are higher risk to the community are either being released with conditions, or being held for arraignment because there are no conditions where they can be safely released,” said the executive director of the Los Angeles County Superior Court system. “They are being considered not based upon their money, but based upon their risk.”
His last sentence gets to the heart of the matter. The reason that we, and considerate people of all political stripes, are for the elimination of cash bail is its fundamental bias against people who happen to be poor and in favor of people of means. The accused who are without resources and can't afford the services of a bail bondsman were simply out of luck when it came to getting out of jail here. For those with money, bail was an expensive annoyance, but freedom — especially freedom from the confines of Los Angeles County Jail — was worth it.
Now, a judge decides whether a person arrested in the county poses a danger to society or is a flight risk, regardless of their bank account. As the reporters note, serious and violent crimes, such as murder, kidnapping, robbery and assault with a deadly weapon, are not eligible and still retain previous bail amounts. And the county has already been very open to law enforcement suggestions about keeping behind bars those violating domestic violence restraining orders. We'll eagerly await the full report.