Stock Up, Stock Down: Harris County Justice in 2017 and Beyond
s Amidst a federal lawsuit against Harris County and Harris County Misdemeanor Court Judges bail policies; amidst county-wide evidence destruction; amidst appellate court findings of prosecutorial misconduct; amidst perjured testimony from government employees; and the jailing of a rape victim, Harris County residents decided change was necessary and come January 1, 2017 a new sheriff, a new district attorney, a new criminal county court at law judge, and nine new criminal district court judges will take their respective seats.
Kim Ogg, the new Harris County District Attorney is a South Texas College of Law Houston College of Law South Texas College of Law Houston alum and will oversee the district attorney’s office for the third largest city in the nation. In her twenty-five year legal career she has spent time as both a prosecutor and defense attorney. Her prior stint in the DA’s office included involvement with the City of Houston’s first anti-gang task force as well as crime stoppers. She is well-qualified for the position as the legal community looks toward the change her campaing platform stood on.
Stock Up: Marijuana, Trace Cases, and Bail Policies
Reports of ending arrests and prosecutions for small amounts of marijuana possession have surfaced and are believed to have the support of new Harris County Sheriff, Ed Gonzalez. For now, marijuana possession under two ounces is a class B misdemeanor, punishable up to 180 days in jail and up to a $2000 fine. Possession up to four ounces is a class A misdemeanor, punishable up to 1 year in jail and up to a $4000 fine. Under the new regime possession of marijuana up to four ounces would not result in an arrest. It is also believed trace (the bare minimum) controlled substance cases will not be prosecuted.
Another area drawing attention is bail reform. In Harris County upward of 75% of all jail inmates are awaiting trial, many for low-level, non-violent offenses unable to afford bail. While personal recognizance (PR) bonds have been available for some time, they are rarely used. The new administration has emphasized prosecutors will be unopposed to PR bonds. To accomplish this task, the judges and magistrates will need to jump aboard and bond company representatives, known to make lucrative donations, must be overcome.
Each of these policies would be a step in the right direction toward ending outdated ideologies. Severely over-crowded jails would become less crowded. Arrest and conviction related job-loss would decline. Court dockets would clear up. These two policies alone would benefit the city of Houston as a whole.
Stock Down: Organized Crime and Gang-Related Activity
On the flip, as a former director of the first anti-gang task force in Houston, one can expect our new district attorney to focus on prosecuting organized crime and gang-related offenses. There have been early mentions of a special prosecutorial division tasked solely with prosecuting and investigating gang members and gang member activity.
The aforementioned ideas are just the tip of the iceberg, and Houston should expect additional changes. Questions surrounding re-filing of previously dismissed charges, pretrial intervention programs, DWI policies, are additional items that will shape the perception of the elected class of 2017.
Crimination Camps
Barbed wire, watchtowers, and guards.
Unjust punishment and dehumanization.
Uninhabitable conditions.
Propaganda and financial incentives.
Mass incarceration.
Confinement without trial.
Many Americans living in the United States during the 1930s and early 1940s, didn’t think much about Germany. Little weight was given to secondhand reports. Confirmed reports were thought to be exaggerated and beyond-belief. It wasn’t until 1945 that Americans began to grasp the devastation left behind. By then it was too late. Millions had perished.
Unfortunately, we are often too late. Philosophical studies have concluded human beings are overwhelmingly cooperative. Our need to cooperate can lead us to turn a deaf ear on issues that don’t immediately impact us. Out of sight, out of mind. It isn’t until we are personally affected that we find ourselves in disbelief. Desperate for a solution to unjust punishment.
But, this isn’t about philosophy and this isn’t about the Third Reich, We aren’t going back in time. We don’t have to because all of the above can be found right here in the American justice system; the Texas justice system; the Harris County Justice system.
The Rise of Bail: The Beginning
Bail is an old-school tool originally used to assist in ensuring a person accused of a crime would appear for court. The theory was if a person put up their own money they were more likely to show up. Seems logical, although an outstanding warrant also seems logical.
Eventually, “entrepreneurs” discovered there were financial incentives tied to bond and formed bonding companies. A bonding company guarantees the bond for a non-refundable fee around 10% of the bond amount (although some bonding companies have been known to charge as much as 100% of the bond). If the accused fails to appear the bonding company is on the hook. Meaning, the original use of bail doesn’t even apply in today’s system.
When a person is arrested, they appear in front of a magistrate who assesses bail. Harris County magistrates rubber-stamp the amount from a bail schedule. While Texas law allows for personal recognizance bonds (zero money down), they are only used 7-8% of the time in Harris County. Once the bail amount is set, the accused (or accused’s family) is responsible for getting the necessary funds together to post bail.
In Harris County it is estimated up to 77% of the jail is made up of persons accused (emphasis on accused) of crime and
awaiting trial. Many of these accusations (emphasis on accusations) are low-level, non-violent offenses. Those unable to afford bail are left to sit. Mass incarceration.
Looking for the quickest exit, jail residents ignore collateral consequences attached to a criminal conviction by pleading guilty to crimes they did not commit. Doing so ensures they can get back to their homes, families, and jobs. It is a primary reason 95% of arrests end with a plea of guilty and is used to keep the court’s docket moving. Confined without trial.
In the last ten years, there have been nearly 200 deaths reported in the Harris County Jails. Knowing 77% of the jail is made up of Houstonians awaiting trial, 150 of those deaths are likely people with no business being in jail at all. These deaths have come at the hands of other inmates, uninhabitable conditions, disease, suicides, understaffed jails, and negligence.
The Axis Powers: Bail and Bail Conditions
The eradication of the presumption of innocence does not end once bail is posted. Certain accusations, carry with them bail conditions. Conditions the Texas Court of Appeals has held are necessary to secure the accused’s presence at trial, the safety of the victim, or the safety of the community. Burson v. State, 202 S.W.3d 423, 425 (Tex. App. – Tyler 2006, no pet.).
Take the real-world example below. One person has been convicted of Driving While Intoxicated and sentenced to a year probation. The other has been arrested for Driving While Intoxicated, posted bond, and been given bond conditions. Neither person has any prior criminal history. Disturbing is the inability to tell the difference.
Progressive leaders and civil right lawyers have recently made a strong push to rid of bail. As a result, many states have turned to personal recognizance bonds for an alternative. While this is a step in the right direction, as bail slowly diminishes pre-trial bond conditions are becoming more prevalent. When one door closes, another opens. Interlock devices, like the example from the DWI above, are cash cows with huge financial incentives.
Assume every person accused of DWI in Texas was ordered to have an interlock device as a condition of bail:
- Number of DWI arrests in Texas in 2015: 65,609
- Average Length of Time DWI is on court’s docket: 3 months
- Avg. Interlock Monthly Maintenance and Calibration Fee: $60
- (Monthly Fee * Docket Length) * # of DWI arrests = Total Interlock Fees.
- ($60 * 3) * 65,609 = $11,809,620.00 a year in interlock fees.
Throw in installation fees and that number grows.For interlock providers and investors business is good. Real good. As long as financial incentives outweigh the true purpose of justice, the system will be flawed. As long as we fail to make a difference, innocent lives will be adversely impacted. The writing is on the wall. Act, before it’s too late.
As long as financial incentives outweigh the true purpose of justice, the system will be flawed. As long as we fail to make a difference, innocent lives will be adversely impacted. The writing is on the wall. Act, before it’s too late. Act, before someone you care about, has their number called. Act, before your number is called.