May 2016 Volume 7 Issue 5

MAY 2016 VOLUME 7 ISSUE 5 Your donation directly benefits the vendors. Please buy only from badged$1 vendors INSIDE Money bail – p. 2 Crafting rituals – p. 3 LGBTQ Pioneer Jim Toy Bus improvements – p. 3 – p. 4 Muslims in A2 – p. 6 Houses & Hearts – p. 7 Puzzles – p. 8 Poetry – p. 9 Pound of flesh – p. 10 Macadamia cookies – p. 12 www.GroundcoverNews.org 2 OPINION Money bail and alternatives to incarceration Desiree Ferguson, an assistant Defender Technology can ameliorate some bias The principle that a person who has not in the Michigan Appellate Defender issues and allow the accused to main- been convicted of a crime should not by Susan Beckett Office and a professor at the U-M law tain a normal schedule if implemented lose their liberty was the thrust of the Publisher school. Unsurprisingly, 67 percent of for bail assessment. In a calm setting, Bail Reform Act of 1966. It calls for a returning citizens are still unemployed accused people can describe their cur- presumption of release of defendants five years after incarceration, Ferguson rent circumstances with the assistance on their personal recognizance, though asserts. of family and friends, online spell- judges can impose restrictions if they checkers and translators. Bail commis- feel there is a danger of flight or further Last month’s column explained how The first brush with bars occurs at -ar sioners receive a report that includes violence. In 1984, Congress passed an Pay or Stay sentencing destroys the lives rest, shortly after which a judge decides the charges, prior convictions and the act that added conditions for withhold- of those living paycheck-to-paycheck. whether or not the accused should be defendant’s statement and make their ing bail to include certain categories This one initiates exploration of how jailed until trial or released. It used to bail recommendation on that basis, of crimes, including drug offenses for people with ample financial resources get be customary to release people un- thereby removing the bias based on ap- which the sentence was greater than 10 preferential treatment in the criminal less their history suggested that they pearance and ability to speak in public. years. With the mandatory minimums justice system, starting with maintaining were likely to flee or pose a threat to for drug possession, this led to an their freedom prior to conviction. Unless the community. It is now customary to Matterhorn™ is an online court pro- avalanche of accused people spending otherwise noted, the quotes below were require bail in exchange for freedom. gram designed to enhance access and years in jail before ever being convicted. taken from presentations at the sympo- fairness with technology. It is currently sium Innocent until Proven Poor, hosted Being incarcerated prior to trial leads to used in Washtenaw County for traf- Bail is rarely imposed in federal cases. by the Michigan Journal of Race and worse outcomes at trial – a higher like- fic disputes where it has reduced the If danger to the community or flight are Law and University of Michigan (U-M) lihood of conviction, longer sentences, combined court staff time per hearing risks, the defendant is equipped with Law School in February of 2016. and guilty pleas with fewer concessions from 157 minutes to just over 27 while a tether with a range considered safe, received than by those who were re- also being much more convenient for sometimes restricted to their home. “Poverty is both a predictor and conse- leased on bail, according to a Criminal the motorists. Court Solutions, the Ann quence of incarceration,” according to Justice Policy article by Meghan Sacks Arbor-based company that developed State bail laws and procedures vary and and Alissa R. Ackerman, “Bail and Sen- Matterhorn™, is developing software are subject to monetary considerations. tencing: Does Pretrial Detention Lead that could be used in determining the Milwaukee D.A. John Chisholm imple- GROUNDCOVER to Harsher Punishment?” need for and level of pre-trial bail on a mented an Evidenced-Based Decision case-by-case basis. Making Framework in 2009, and as a MISSION: The failure to secure release pending result of that evaluation, is working to Creating opportunity and a voice trial is onerous. Even three days in jail Industries have sprung up with the get cash out of the bail system. for low-income people while tak- turns a low-risk person into high-risk prevalence of requiring bail. Bail ing action to end homelessness and with regard to recidivism. It also cor- bondsmen, who have a strong lobby, There are ongoing costs associated with poverty. relates with more severe final sentenc- are the largest beneficiaries but courts tethers. Tethers have to be purchased, ing. The Department of Justice (DOJ) also collect fees for bonds. In a Wayne maintained and fitted. Officers have to Susan Beckett, Publisher declared routine pre-trial detention to County case, a Groundcover vendor be available to respond when the tether [email protected] be unconstitutional yet it continues as a accused of resisting arrest had a 10 alarm indicates that it has been taken Lee Alexander, Editor matter of course. percent bond set at $10,000. The court beyond its designated boundaries or [email protected] accepted the $1,000 financed by a bene- to grant overrides when appropriate. Local sheriffs dislike when untried factor as surety. (If she had not shown Those costs can be burdensome for the Andrew Nixon Associate Editor , people fill their jails. As the accused are up for trial she would have been liable municipality. Contributors commonly held with other prisoners, for the entire $10,000.) She did appear frequently in overcrowded conditions, The practice of passing these costs on Elizabeth Bauman for her court date but only $900 was jail exposes them to disease, physical returned – the other $100 went to the to the accused, along with charges for Jenny Blair violence and sexual assault. There is of- court for fees. Guilty or innocent, fees other pre-trial “services” such as drug ten significant personal disruption, too, are not returned. testing, further stresses the person who Zsuzsa Blom in loss of employment, strained rela- should still be presumed innocent. Martha Brunell tionships including the possible loss of There is no consumer protection Costs such as these, which often cannot child custody, interruption of ongoing mechanism regarding bail companies. be paid by the poor, open them up to La Shawn Courtwright education or treatment programs and a A California woman was arrested and warrants for a failure to pay, thereby William Crandell triggering of anxiety disorders. bail was set at $150,000. The woman saddling them with a criminal history was desperate for release since she was even if they are ultimately found inno- Rachel Deweese Imposing bail greatly disadvantages the primary care-taker for her grand- cent of the initial crime. minorities and the poor. There is fre- mother who could not be left alone. Dave Franklin quently no public defender representa- It was impossible for her to raise the Former U.S. Attorney General Eric Maria Hagen tion at bail hearings, and bond courts customary 10 percent – $15,000 in this Holder’s directive to minimize manda- are under pressure to process people case – to secure the money through tory minimum sentencing is part of Letters to the Editor: quickly. Decisions on the risk of flight a bondsman. She accepted the bail a culture change that will reduce the [email protected] are made based solely on information company’s alternative of paying $1,500 number of people incarcerated prior to such as the lack of a permanent address up front and repaying the remaining conviction. But a larger culture shift is Story or Photo Submissions: or employer without looking further to $13,500 – at the highest allowable inter- called for – one in which the accused [email protected] discover other factors, such as depen- est rate – over the ensuing years. is actually treated in accordance with dent children in the area. Bail commis- the presumption of innocence. The vast Advertising: [email protected] sioners often decide bail levels based on The case was thrown out the next day majority of people should be released the alleged crime without consideration by the District Attorney and she was on their own recognizance. www.groundcovernews.org of any personal information except the never charged with a crime. Nonethe- defendant’s criminal history and ap- facebook.com/groundcover less, she still had to repay the $13,500 423 S. 4th Ave, Ann Arbor pearance, opening the door to personal loan and lose the $1,500. 734-707-9210 bias. www.groundcovernews.org LOOKING WITHIN 3 Who crafts the rituals? practice of ritual back to my childhood alternative to do it for them. Then and on what she might do to rejuvenate birthday parties. The weather was now, I remain convinced that we have her desire to be close to God. Before always lovely in upstate New York in the makings of great rituals waiting to long we circled around to the option by Rev. Dr. Martha early September when those parties be tapped in our hearts, minds, and of intentional candle lighting. The Brunell occurred, so they happened outside. guts. very next day with another directee, I Groundcover What is now important to me about suggested we start our time together Contributor words of invitation, about celebration’s I’ve been reminded again of that with a candle practice I use in larger opportunity to punctuate time with conviction this spring. I visited in and groups. That candle framed out our meaning, about belovedness, about the around Ann Arbor for a few days in time and connected us in compassion We who are regular participants in a hospitality of food and refreshments April.

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