Fifth Circuit Shines Light on Road to Texas Bail Reform
by Ken W. Good Attorney at Law Magazine Published February 1, 2021 Texas has a bail problem, but it is not what is portrayed in the news. The issue is how to process large groups of people efficiently and cost effectively through the jails of our largest counties. Historically, this has been done through the use of individual magistration and bail schedules. The reason for this is that the cost of individually magistrating every person arrested in our largest urban areas is expensive. Reformers have advocated for alternatives to bail schedules that would also allow for the quick release of large numbers of defendants. These groups have focused on risk assessment tools and simple release. However, the reality of these alternatives have never gotten close to their expectations. Scientific studies have now caught up with the proposed use of risk assessments, concluding that they should not be a part of criminal justice reform. A recent article updated this past December by authors from Ha