Posted by anderc8 on Tuesday, February 14, 2017 in Justice, Mercy and Mass Incarceration, News.

Earlier this month, the class went to the courthouse, to witness the process of criminal justice in action. We arrived at the Public Defender’s Office at 8:30 a.m., and received a brief orientation. Then we were divided into groups and walked over to the courthouse, where we sat in the various courtrooms, and witnessed cases being adjudicated. As part of this experience, we did a mock process, with one student playing the role of a mother charged with child abuse. The class read the charge and background material, and then witnessed a “typical” interaction between someone accused of a crime and their public defender. This experience proved to be quite illuminating. Below is the blog post of the student who played the role of the charged mother.

Blog written by Vanderbilt University Peabody College student Bethanie Barbero

“What a vicious cycle our criminal justice system forces people into. You really have no good option – you get to pick the least bad option…” That is how I felt during the “reality tour” at the Public Defender’s Office. I volunteered to serve as the defendant because I had no idea how I would respond to someone accusing me of a crime. After sitting down and listening to my story, I even had a hard time determining whether or not I was guilty myself. As soon as my public defender walked in and starting discussing my case, I became anxious and unsure what to say. I was very surprised at how intimidated I felt even though the whole thing was only a simulation.

I received no guidance and no information about how the system works and what everything means. Based on my background, having four children and low income, the most important issue for me to solve was my bond of $15,000. I could not stay in jail; I had to take care of my family. What I noticed from this experience was that the biggest hindrance of having a just system starts with the pre-trial process. Money-bail in America continues to have a foothold in the pretrial system through its strong political influence. Roughly 95 percent of cases end in plea deals. It makes sense when there is about 15,000 bail bond agents in the United States writing $14 billion worth of bonds every year (Kennedy). This system unfairly punishes people who are too poor to buy their freedom. It has all become a way of making money, because unfortunately, money is what America values most.

When you are unable to pay your bail, you are forced into a decision right away with no guidance about your choices. No bail means no time to investigate and create a strong case for your defense. It means having to go into court in an orange jump suit. And it means probably losing your job because you miss days, weeks or even months while you are behind bars. You are then strongly encouraged to take a plea deal like probation, having no idea that it sets you up for life in the system. Taking a probation sentence comes with a lot of baggage that you are unaware of until after you take the plea. On probation, you will be paying for drug tests, a probation officer, education classes, addiction programs, many car rides, babysitters, etc. Just because you are able to get out of jail does not mean your punishment is any closer to being over. The level of punishment depends on your level of wealth, which it unjust and detrimental.

It would be interesting to consider Washington, DC’s bail system, as it looks very different from what we have here in Nashville and most jurisdictions in America. There are obviously a slew of problems in our system nationwide. Just looking at the pretrial system, how do you get people to buy in to a system like Washington, DC’s, where on average 88 percent of defendants are released non-financially, and roughly 88 percent released make all scheduled court appearances (Kennedy)? I find it necessary to find alternatives to the system we practice today.

Source: Kennedy, Spurgeon (https://www.psa.gov/?q=node/97)