Advocates said the fight for justice will continue after a proposition to end the current cash money bail system in California failed. According to unofficial statewide election results on Nov. 10, Proposition 25, received 56 percent NO votes and 44 percent YES votes. Election results will be certified by Dec. 11.
Opponents who supported a NO vote on Prop 25 said although it would end cash bail, Prop 25 may have lead to racial profiling by replacing bail with risk assessments that could still imprison people before trial.
Though disappointed, advocates are not giving up the fight to end money bail. They are focused on economic justice and equity at all levels of the criminal justice system, including pretrial detention.
Sam Lewis has gone from being formerly incarcerated to serving as the executive director of the Anti-Recidivism Coalition (ARC). His transition to a notable justice reform advocate elevated him to a leadership role in the campaign for a YES vote on Proposition 25, which Lewis wanted to see replace “the predatory money bail system” in California.
“For African-Americans, we need to understand that historically, cash bail is directly connected to slavery,” said Lewis. “Convict leasing still exists today, chain gangs.”
Advocates are not giving up the fight to end money bail. They are vowing to work with the California state legislature, formerly incarcerated people, community-based organizations and counties to bring people home to their families. Supporters are committed to removing wealth as a “primary determinant of freedom” and want to level the playing field so that you don’t have to be wealthy to “buy your freedom” before trial.
Lewis also explained that bail reform directly impacts Black community. For example, someone who juggles living paycheck to paycheck with raising children and maintaining a home could benefit from criminal justice reform. Those accused of low-level crimes will not have to worry about how they will pay their rent or mortgage while incarcerated for not paying bail.
“What happens to their children if they are the primary caregiver, what happens to their apartment… what happens to their home, all of those things are lost because they don’t have the money to bail out.”
Lewis said advocates still want people released in 12 hours or less for misdemeanors, without even seeing a judge and then be required to come back at a later court date. “They would be able to fight their case from the street and oftentimes when you’re able to fight your case from the streets, you’re able to have a better outcome,” Lewis said.
“People are worried about the unknown,” Lewis added, explaining data can be used to determine if assessment tools are indeed racially biased. Lewis said it is important that data be made available as public records, giving the community oversight and insight into how judges are making decisions.
Lewis said ARC, and organizations like it, will continue as watchdogs and are currently strategizing new efforts toward criminal justice reform in California.
