May 2017

Our unfair system of cash bail

The time has come to end the use of cash bail in Pennsylvania, says The Cost of Buying Freedom: Strategies for Cash Bail Reform and Eliminating Systemic Injustice, a new report from the Sheller Center’s Justice Lab and Redeemed PA, a community organization.

According to the report, the cash bail system discriminates on the basis of poverty, not dangerousness (as one interviewee noted, “Poor folks stay in jail and rich folks don’t”). And the result, for people who cannot afford even low bail, is not just loss of liberty; pretrial detention also makes it harder for them to assist in their defense, thus unfairly increasing the likelihood of conviction.

According to the report, the cost of keeping people in jail who don’t need to be there runs into the millions of dollars each year. Cash bail doesn’t accomplish its goal, since the likelihood that a defendant will return to court is not enhanced by the setting of a high bail figure. The system is also unnecessary: under state law, the most dangerous defendants can be detained without bail in any event. (And there’s other strange stuff; did you know, for example, that you’ll forfeit a percentage of your bail even if you’re found not guilty?)

Effective alternatives, including validated risk assessment tools and innovative supervision programs, are now in use in cities and counties around the country.  Pennsylvania should follow the lead of those jurisdictions, say the report’s authors — students Adorah Nworah, Paige Joki, and John Farrell.

Discussions about cash bail are already underway in Philadelphia, which — as part of its criminal justice reform plan — has undertaken to “establish a robust range of alternatives to cash bail based on risk level.” And both candidates for District Attorney have been addressing the subject; Beth Grossman (R) reportedly supports the continued use of cash bail, while Larry Krasner (D) states that he will implement alternatives for those charged with nonviolent offenses. Hopefully, the findings of the report will contribute to these discussions — in Philadelphia and statewide.

A national award

 

For their successful effort to end Philadelphia’s practice of billing parents for cost of their child’s incarceration, Prof. Colleen Shanahan and her students have received the 2017 Clinical Legal Education Association Award for Excellence in a Public Interest Case or Project. The “Double Punishment” project, conducted by Justice Lab on behalf of the Youth Sentencing & Reentry Project, was chosen through a competitive process involving clinical work from across the country.

Prof. Shanahan accepted the award at the national meeting of the Clinical Section of the Association of American Law Schools in Denver this week. Hundreds of clinicians were present at the ceremony, which recognized Justice Lab and the Sheller Center. Congratulations to Prof. Shanahan, her students, and everyone who worked on this effort!

Sheller Center’s Temp Worker Project debuts at 29th annual Worker’s Memorial Day

At the 29th annual Worker’s Memorial Day, the Sheller Center’s Temp Workers Project made its debut in front of an audience of hundreds of people, including Governor Wolf. Temp workers in Pennsylvania are increasingly found in blue collar industries and low-wage work. They are especially vulnerable to health and safety risks and pay violations on the job. A report by Rebecca Daily (2L), Tracie Johnson, and Holly Smith (2L), students in the Social Justice Lawyering Clinic, will be forthcoming this summer.

Sheller Center students help craft City resolution recognizing undocumented workers

Last week, Philadelphia City Council passed a resolution that recognizes all workers, regardless of immigration status. Sponsored by Councilwoman Helen Gym, the resolution continues the City’s tradition of welcoming immigrants, acknowledging the contributions of undocumented workers to Philadelphia’s local economy despite their exclusion from the lawful workforce under federal immigration laws. It also notes the increased risk of abuse and discrimination against undocumented workers. The resolution cites the Universal Declaration of Human Rights, which establishes the fundamental human right to earn a living without unjust exclusion and fair and safe workplace conditions.

The resolution is a major victory for the local organizing efforts of Popular Alliance for Undocumented Workers’ Rights (PAUWR). Just a couple of years ago, PAUWR was hatched as an idea from the kitchen of Ben Miller and Cristina Martinez, to fight for the rights of undocumented workers. PAUWR grew in strength and numbers by hosting a number of sold-out community dinners throughout Philadelphia. It will continue to do so by partnering with immigrant chefs and taking its local dinner series nationwide.

The resolution was drafted with help from Rebecca Daily (2L) and Ashley Rotchford (2L), law students at the Sheller Center for Social Justice, who worked with PAUWR as members of Temple Law School’s National Lawyers Guild (NLG). “This resolution is yet another example of how local jurisdictions can be inclusive of immigrants, despite the current federal climate that is hostile to both immigrants’ and workers’ rights,” says Rotchford.

For a news article on the resolution, click here.