A spotlight has been shown on the bail system in the United States ever since the November 21st Waukesha Christmas parade tragedy.
Darrel Brooks Jr, who was out on $1,000 bail despite multiple violent offenses, reportedly ran through the parade killing six and injuring an additional 60.
People from all over the state and country have been voicing their thoughts on the bail system, but we wanted to take a step back and get some more information on how exactly bail is set.
According to Manitowoc County District Attorney Jacalyn LaBre, it all starts once an individual is arrested.
“In most counties, including our county, it’s a Court Commissioner that does the initial bail hearings. That’s not unusual,” LaBre explained. “At those bail hearings, the prosecution makes a recommendation…the defense makes a recommendation, and the Court Commissioner is the one who makes the final decision.”
LaBre went on to explain that there are several factors taken into consideration by everyone involved, including, as LaBre stated, “Do they show up for court or not? Is this a minor office or serious offence? Have they violated bail in the past? Is there a need to protect the victim or the public? Those types of things.”
The Court Commissioner’s decision is not set in stone, however, as LaBre explained that either side can request a modification to the conditions of bail, or to the amount.
If that happens, a similar process occurs, only this time in front of a judge.
As far as making changes to the system, LaBre said, “We control what we recommend, but the ultimate decision is by the Court Commissioner or a judge.”
Bail reform has been the platform of some politicians in the past, with some actually calling for the abolition of the cash bail system entirely.
In an article on their website, the American Civil Liberties Union claims that “Poorer Americans and people of color often can’t afford to come up with money for bail, leaving them stuck in jail awaiting trial, sometimes for months or years. Meanwhile, wealthy people accused of the same crime can buy their freedom and return home.”
Others believe that stricter bail amounts, specifically for repeat offenders, and those with a history of violent crimes, would help limit the number of re-arrests.
In the case of Darrell Brooks Jr., he was out on bail, despite having two open cases against him, both of which involved him acting violently toward others.
It should be noted that Brooks had pleaded not guilty in both of those cases.