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Articles on Bail

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Alberta Justice Minister Tyler Shandro speaks during a Federal-Provincial-Territorial Ministers’ meeting on bail reform in Ottawa in March 2023. THE CANADIAN PRESS/Spencer Colby

Race is closely tied to who gets bail — that’s why we must tread carefully on bail reform

Those determining bail must reflect on their own beliefs and show restraint as they determine risk to avoid relying on false racist narratives. So should those calling for bail reform.
Indigenous community members outside the Victorian coroners court ahead of the release of a report into the death of Veronica Nelson. Tamati Smith/Getty Images

‘Discriminatory impact on First Nations people’: coroner calls for urgent bail reform in Veronica Nelson inquest

Arrested on suspicion of shoplifting and denied bail, Veronica Nelson died alone in a cell. A Victorian coroner has called for urgent reform of the state’s tough bail laws.
New York police respond to a shooting in Brooklyn in April 2021, amid a rise in shootings that year. Michael M. Santiago/Getty Images

Crime is on the ballot – and voters are choosing whether prosecutors with reform agendas are the ones who can best bring law, order and justice

A new wave of prosecutors, known as progressives, say that public safety can exist with policies like eliminating cash bail for people charged with low-level offenses.
Despite criticism during her first term, progressive prosecutor Kim Foxx won reelection as Cook County state’s attorney by a 14-point margin. Scott Olson/Getty Images

Progressive prosecutors scored big wins in 2020 elections, boosting a nationwide trend

Reform-minded prosecutors across the US notched victories against traditional law-and-order candidates by running on progressive platforms to reduce mass incarceration and tackle police misconduct.
There’s been an outpouring of giving in honor of Ahmaud Arbery and other victims of racial injustice. AP Photo/Tony Gutierrez

Racial justice giving is booming: 4 trends

From thousands of people chipping in as little as $5 to George Floyd’s GoFundMe to donations well in excess of $1 million to HBCUs, anti-racist philanthropy is rising.
Daniel Andrews has announced reforms to Victoria’s bail laws following the events in Melbourne’s CBD last Friday. AAP/Angus Livingston

After Bourke St, Victoria should not rush in on bail reform

Australia needs to be very careful not to allow the bail system to become a political scapegoat at the hands of commentators exercising 20/20 hindsight.
A harsh criminal justice system – in particular, more prisons and people behind bars – has apparently become a hallmark of good government. AAP/Dave Hunt

How ‘tough on crime’ politics flouts death-in-custody recommendations

Australia has become less compassionate, more punitive and more ready to blame individuals for their alleged failings since the Royal Commission into Aboriginal Deaths in Custody.
Questions are being asked about why Man Haron Monis was free on bail, but a witch-hunt is unlikely to improve the process of deciding when to keep an accused person in custody. AAP/Dean Lewins

When bail causes outrage, don’t just blame the courts

The spotlight is on a 2013 decision to grant bail to Man Haron Monis, the man responsible for the Lindt Cafe siege a year later. It must be hoped risk-averse politicians can avoid knee-jerk responses.
Indigenous prisoners perform a welcome ceremony at the 2014 opening of Darwin’s $500 million prison, which is likely to be full by 2018. AAP/Neda Vanovac

State of imprisonment: if locking ‘em up is the goal, NT’s a success

The Northern Territory stands out for having one of the highest imprisonment rates in the world - much higher even than in the US - and it’s hard to argue that this does the community much good.
In recent times, Victoria has reverted to the punitive approach that once filled the Old Melbourne Gaol, with little thought for the long-term consequences. Flickr/Eva

State of imprisonment: Victoria is leading the nation backwards

Victoria was once characterised by low imprisonment rates and innovative corrections policy. The state now has Australia’s highest rate of growth in imprisonment.
Being arrested does not make a person guilty and deserving of punishment; that’s what a trial determines. AAP/NSW Police

Not for punishment: we need to understand bail, not review it

Courts make hundreds of bail decisions every week but we rarely hear about them. In the past month in New South Wales, however, we have heard much about three high-profile decisions granting bail to: Steven…

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