Description
Who should be released from jail while awaiting trial, and how should that decision be made?
Josh sits down with Jeffrey J. Clayton for a conversation about bail, pretrial release, public safety, defendants' rights, and the complicated decisions courts face before a criminal case ever reaches trial.
Clayton is an attorney and Executive Director of the American Bail Coalition. His work has focused extensively on bail policy, pretrial justice, and the systems used to determine whether someone should be detained or released while awaiting trial.
The conversation explores some of the biggest questions surrounding the bail system.
Should someone's ability to pay determine whether they remain in jail?
How should courts determine whether someone is likely to return for trial?
Can risk assessment tools accurately predict who poses a risk?
What happens when bail reform goes too far in either direction?
And how do we balance public safety with the rights of people who have been accused of a crime but have not yet been convicted?
It's a complicated debate with consequences for defendants, victims, taxpayers, law enforcement, and communities.
Josh and Jeffrey Clayton break down how the pretrial system works, why efforts to reform it have become so controversial, and what different approaches to pretrial release could mean for the criminal justice system.
Watch the full conversation and decide where you stand.
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