Since the posting of the last blog in my recent series on how The Pretrial Justice Institute cannot justify their taxpayer-funded existence, I have had folks asking me why the two industries cannot get along somehow. I will try and answer that question here.
Over fifteen years ago, commercial bail arranged for a meeting with leaders from the pretrial service agencies domain to explore a peaceful co-existence where they would do the things they do best (interview for special needs inmates and advise the court of those needs and then monitor each case to make sure that those needs are being met) and we, at the same time, do the things that we do best (assess for flight risk, underwrite the defendant's bail accordingly and monitor for reappearances), but alas; it was all for nothing. We were soundly rebuffed (they wanted nothing to do with it), and I still have the letter to prove it.
We, the private sector bail bond industry, have floated the notion again, but again it was all to no avail.
Why is this? Why can there not be a working relationship whereby the defendant's special needs, the county's economic interests and the community's public safety requirements all be met and met much better than they are today?
For many years I thought it all had to do with the fact that both sides are competing for the same customer: the new inmate in the local jail. That is, I thought that they wanted this person for their customer and so did we and that this made us commercial competitors, natural enemies if you will. It seemed to make sense, my theory. The more of these inmates they could beat us to, the more secure was their agency, and therefore, the more secure their own individual job futures. And it appeared to be pretty much the same with us - the more of those new inmates we could snare, the better off we would be.
I was wrong. I wish I had not been because the real reason for the conflict between our two industries is far more entrenched and difficult to deal with than our merely vying for the same customer.
The real reason why they are East and we are West, and never the twain shall meet, is because of an inherent philosophical conflict; a fundamental difference of opinion about why those inmates got arrested in the first place. The National Association of Pretrial Service Agencies (NAPSA) and its "front", The Pretrial Justice Institute (PJI), and their respective leaders believe that the only reason anyone is jailed is because we, the society at large, have failed that person. If we had been all that we should have been to that defendant, he never would have been arrested. His incarceration is therefore not his fault, it is ours.
So, if his being in pretrial custody is our fault and not his own, then how right is it for us to insist that he arrange for his release pending trial? How dare we ask him to pay for his release when we caused him to be in custody? It is only right that we, the taxpayer, should pay for his release. Viewed from this perspective, taxpayer funded pretrial release agency free bail stores make a lot of sense. You have to give the defendant a free bond, because after all, it's your responsibility anyway. Don't blame the defendant, the devil made him do it. And the devil, in their view, is you: the non-criminal taxpaying citizen.
If that is what they believe, then what do we believe? We believe just the opposite. We believe that the defendant, who has been arrested upon probable cause of having committed a crime, has to take some responsibility for his actions. They believe that it is morally reprehensible on our part to insist upon this. We believe that insisting upon persons taking responsibility for their behavior prevents future misconduct, advances justice and supports crime victims.
So there you have it; the real reason why NAPSA and PJI and their ilk are so incapable of ever working with our industry for the benefit of all. And that is also the real reason why they are so dedicated to abolishing our private sector businesses.
What is your opinion on this? I'd be curious to know.
Jerry Watson, Chief Legal Officer of AIA, blogging about the legislative side of the bail bond industry. AIA (Allegheny Casualty, International Fidelity and Associated Bond) is the largest and oldest bail bond insurance company in the nation.
Wednesday, August 31, 2011
- ▼ August (2)
- Behind the Paper with Jerry Watson
- Jerry Watson serves as Chief Legal Officer to AIA, Senior Vice-President and Legal Counsel, Bail, at IFIC. He is the immediate past Chairman of the Private Enterprise Board of Directors of the American Legislative Exchange Council (ALEC) – America’s largest bi-partisan state legislator member organization on whose board he has represented the commercial bail industry for the past 15 years. He has also served as General Counsel of the American Bail Coalition since its founding and is a member of the Bail Advisory Council of the Surety and Fidelity Association of America (SFAA). His undergraduate and law degrees are from Baylor University and he is a graduate of the National College of Criminal Defense Attorneys and Public Defenders. He has testified as an expert on bail in various state and federal cases, among them being the country’s largest bail related damage suits. In Jerry’s 42 years in the bail industry, always as an attorney, he has represented local retail agents, general agencies, insurance companies and insurance companies’ trade associations before state and federal courts and regulatory agencies.
- aia (9)
- Bail (8)
- Bail Bond (9)
- bail bond agent (2)
- bail bond blog (1)
- Bail Bond industry (11)
- Bail bond insurance (5)
- Bail bonds (5)
- bails bond (1)
- Commercial Bail Bonding (1)
- Conflict (1)
- expertbail (9)
- jerry watson (3)
- Pretrial (6)
- Pretrial Justice Institute (2)
- Pretrial Programs (3)
- Pretrial Release (10)
- Pretrial Service Agencies (5)
- surety bail (2)