Our Legal System Punishes Defendants and Their Relatives\u2014Before They\u2019re Found Guilty

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Our Legal System Punishes Defendants and Their Relatives—Before They’re Found Guilty

Dr. Abigail Richard is an assistant professor in the business school at the University of Indianapolis and a Public Voices Fellow of The OpEd Project. You can follow her on Twitter at @AbigailRic33648.

Yet our judicial system often inadvertently creates other “victims” beyond those of the crime itself. Despite the call of our legal system to presume the innocence of a defendant until and unless found guilty, many hardships are forced on defendants and their families pre-trial, including the heavy pre-trial financial burdens imposed by the bail system and attorneys.

Yet despite having never committed a crime myself, it soon became clear that the burden of this alleged crime was my responsibility. I received multiple calls in the coming days regarding bail bond agents—from agents themselves as well as my relative. They all explained to me that the accused could not assume responsibility for the bond himself; I would need to take responsibility for the bond.

While in jail because he was unable to post bail, my relative informed me of illegal activity a witness had engaged in—activity that I thought was relevant to his case. In response, I called the inmate’s free court-appointed attorney. However, after hearing only a small parcel of explanation, the lawyer told me that he was done listening to me, as he felt the discussion was irrelevant to my relative’s case.

 

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