Increasingly harsh criminal justice policies over the last three decades have resulted in a system that relies on over-criminalization, mass incarceration, and racial injustice.
The ACLU of Kansas has been and is currently ready to fight against injustice in our criminal legal system. But we also know Kansans and advocates across the state are already in the fight, and want to be a resource and partner in that work. To that end, the ACLU of Kansas has launched this System-Impacted Resource Hub to house various resources and information specifically for people who have been impacted by the criminal legal system—including voting rights post felony conviction and resources for housing and assistance.
The ACLU of Kansas plans to continue to expand its Criminal Legal Reform resources in this location throughout the coming years.
Scroll down for community resources.
LEARN MORE:
Learn more here about the 2024 Wichita Gang Database Settlement.
Learn more here about how disparities emerge in our current Kansas bail process:
Depending on the type of arrest, either pursuant to a warrant or at the scene of the alleged crime, the process is different. For most misdemeanor allegations, the arresting officer can give the individual a court date and release them. But for misdemeanors and felonies alike, the officer may detain the individual subject to a money bond specified in a fixed bond schedule, thereby conditioning the person’s release—at least initially—on their ability to pay a fixed amount. A fixed bond schedule is a document that indicates what conditions of release to assign to arrestees based on the crime they allegedly committed. When such a schedule is used upon arrest in Kansas, the defendant must go before a judge within forty-eight hours for a bond hearing, where the judge sets bond based on case- and defendant-specific factors.
Money bail is deeply flawed. First, it perpetuates a wealth-based system of justice. Even though courts are supposed to consider a defendant’s financial status in setting bond, many individuals arrested, charged, booked, and held on bail remain incarcerated because they cannot pay. Pretrial detention worsens outcomes in the criminal legal system by making it more difficult to meet with a lawyer and by coercing some defendants to plead guilty. Data suggests it leads to harsher sentences, higher chances of conviction, and even an increased risk of future criminal charges. And several studies suggest that money bail does not increase the arrested person’s likelihood of showing up to court.
Also, when a court imposes money bail without considering the defendant’s financial circumstances, for instance by using a fixed bail schedule, individuals without the ability to pay suffer harsher consequences than those with the ability to pay simply because of their economic status. This is wealth discrimination, and it may also be a constitutional violation.
COMMUNITY RESOURCES:
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