How Elections Impacted Progressive Reformers &
No-Cash Bail Policies
Midterm Elections Deliver Some Good News for Criminal Legal Reform
Bail reform was perhaps the biggest test of the false and exaggerated crime
panic messaging. In recent years, the nation has succeeded in paring back
harmful cash-bail policies. But after years of Fox News, local TV
stations, and other news outlets pummeling the public with
disingenuous stories about crime, some states, like Alabama and Ohio,
passed ballot measures that may make it harder for people to make bail. And
while Democrat Kathy Hochul won the New York governor's race over anti-bail
zealot Lee Zeldin, Hochul also campaigned on toughening bail laws.
District attorney races across the country have shown mixed results, with
candidates who support ending cash bail both winning and losing across the
country. While there was plenty of cause for optimism in the midterm elections,
it's clear that progressives and reformers must redouble their efforts if they
want to put an end to this country’s excessively harsh criminal punishment
system.
Bail Reform
This election season, bail reform was on the ballot across the country, whether
it was
a topic at candidate forums or a
talking point in campaign ads.
In some states, constitutional amendments on the ballot will likely have major
implications for those accused of crimes and their loved ones:
Alabama: Voters were asked to
amend their state constitution to
allow judges to deny bail for a number of first-degree offenses, including
robbery, kidnapping, rape, sodomy, and domestic violence. Under the
current Alabama state constitution, judges can only deny bail for people
charged with a capital offense. If voters approve the measure, significantly
more people could be held in jail pretrial.
The results: As of Wednesday morning, with 78 percent of precincts
reporting, voters have
overwhelmingly approved the measure allowing judges to deny bail.
Ohio: A Republican-proposed
constitutional amendment would require
judges to consider public safety, a person’s criminal record, the likelihood
a person will return to court, and “any other factor the Ohio General Assembly
may prescribe” when deciding to set bail. Critics have noted that the measure
appears to be
mostly redundant, as judges can already consider many of those factors at a
pretrial detention hearing. The amendment would also remove the requirement that
the the Supreme Court of Ohio set procedures for establishing the amount and
conditions of bail.
The results: As of Wednesday morning, with 94 percent of precincts
reporting, voters have
overwhelmingly approved the measure.
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And in several states, local races, from head prosecutor to governor, will help
determine the future of bail reform and how many people may be detained in
already overcrowded and dangerous
jails.
New York Gubernatorial Race: In New York State,
bail reform has been a punching bag for both the Republican and Democratic
candidates for governor. In one
campaign
ad for the incumbent, Democrat Kathy Hochul, the narrator says Hochul
“passed a comprehensive crime plan [that] toughens bail laws to keep repeat
offenders off our streets.” Republican candidate Lee Zeldin
had promised to unilaterally suspend New York’s bail reform law if elected.
The results: Hochul
defeated Zeldin and was elected governor of New York.
San Francisco District Attorney: After Chesa Boudin was ousted by a
well-funded recall campaign that trafficked more in feelings than facts,
Mayor London Breed chose Brooke Jenkins to replace him. She’s running against
several challengers to serve out a full term. After she took office, she
reversed
Boudin’s policy of not requesting cash bail in any cases. Less than a week
before Election Day, Mission Local
reported that as an Assistant District Attorney, Jenkins sent police reports
and a person’s criminal record to a colleague’s personal email address, in
possible violation of state law. She and her colleague, former prosecutor Don du
Bain, used the materials as they campaigned to recall Boudin.
The results: As of Wednesday morning, the race hadn’t been called, but
Jenkins had a
significant lead over her main opponent, former police commissioner John
Hamasaki.
King County (Seattle), Washington Prosecuting Attorney: Neither
candidate—Leesa Manion or Jim Ferrell—supports ending cash bail. However, Manion,
the current county prosecutor’s chief of staff, has criticized the cash bail
system and believes there are effective alternatives to ensure someone returns
to court. Jim Ferrell’s position has no such nuance. Ferrell, who is backed by
police organizations,
told Real Change News that he believes cash bail protects victims.
The results: As of Wednesday morning, Manion had a
sizable lead over Ferrell, with just under a third of ballots counted.
Alameda County (Oakland), California District Attorney: Civil rights
attorney Pamela Price and longtime prosecutor Terry Wiley are
running to replace District Attorney Nancy O’Malley. O’Malley is also the
president of the California District Attorneys Association, an organization that
tends to oppose criminal justice reforms. Price
supports ending cash bail, Wiley does not.
The results: Wiley is ahead of Price by
a margin of
5,000 votes.
Hennepin County (Minneapolis), Minnesota District Attorney: Neither
candidate supports eliminating cash bail. But candidate
Mary Moriarty, former head of the public defender’s office, supports laws
that would restrict “wealth bias” in the legal system, including restrictions on
money bail. Martha Holton Dimick, a former prosecutor and retired judge, has
said Moriarty is not qualified to be County Attorney because she “has
just worked with criminals.”
The results: Moriarty won
a decisive victory over Dimick.
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