Politics of Poverty
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rational-updating model
people assess their salaries in terms of opportunities
\-find out others are getting paid more and believe their prospects for a raise are good
\-conversely sometimes they will feel bad
\-find out others are getting paid more and believe their prospects for a raise are good
\-conversely sometimes they will feel bad
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relative income model
those who believe their salaries are at the low end will be upset
those who discover that they are at the high end will be gratified
\-responses to inequity are usually more emotional rather than rational
those who discover that they are at the high end will be gratified
\-responses to inequity are usually more emotional rather than rational
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how did Keith Payne (now a professor at UNC- \n Chapel Hill first realized he was poor?
in the 4th grade, standing in the cafeteria line in western Kentucky-did not pay for meals-qualified for free lunch
\-lunch lady asked him for money, and he did not have it
\
\-lunch lady asked him for money, and he did not have it
\
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what’s really damaging about being poor in a rich country (like \n the US) is the subjective experience of feeling poor
\-status is always a moving target because it is defined by ongoing comparison to others
\-feeling poor has consequences that go well beyond feeling: those who see themselves as poor make diff decisions, and generally worse ones
\-feeling poor has consequences that go well beyond feeling: those who see themselves as poor make diff decisions, and generally worse ones
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who is considered poor varies year to year?
ex: Thomas Jefferson would be considered poor
\-no indoor plumbing and electricity etc
\-no indoor plumbing and electricity etc
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the poor tend to make poor(er) decisions?
\-buy a disproportionate share of lottery tickets
\-poor engage in riskier behavior
\-poor engage in riskier behavior
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Payne’s explanation
feeling poor makes people more willing to “roll the dice”- inequality itself can cause risky behavior
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does inequality mimic poverty?
the US has a lot of features that better resemble a developing nation than a superpower
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Rachel Sherman \n *Uneasy Street: The Anxieties of Affluence*
•though images of the wealthy proliferate in the media, we know little about them
•what is it like to be rich in America today? (2017)
•she interviewed 50 people in and around Manhattan with
•annual family incomes of >$500,000
•half with >$1,000,000 or assets of >$8,000,000 or both (that’s what they tell her but they under-report)
•her first finding: __rich people don’t want to talk about being rich and are very concerned about confidentiality__
•what is it like to be rich in America today? (2017)
•she interviewed 50 people in and around Manhattan with
•annual family incomes of >$500,000
•half with >$1,000,000 or assets of >$8,000,000 or both (that’s what they tell her but they under-report)
•her first finding: __rich people don’t want to talk about being rich and are very concerned about confidentiality__
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The privileged prefer to not be labeled as such
affluence is in the eye of the beholder
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At the bottom or top of top 1 percent?
__inequity is asymmetrical. For all the distress it causes those on the bottom, it brings relatively little joy to those at the top__
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does the emotional response to unfairness emerge early?
yes
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2017 tax bill
supporters insist \n that the bill will \n generate so much \n prosperity that the \n poor and the middle \n class will also end \n up benefitting \n • even if this proves \n true, the measure \n does not address \n the real problem: it’s \n not greater wealth \n but greater equity
\n
\n
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\n \n Periods in the US for Poverty Policy \n \n
1. Late colonial – early nationhood (late XVIII-early XIX century)
2. 1860-1910 – Post Civil War
3. 1930s – Great Depression
4. Mid-1960s – the War on Poverty and LBJ
5. The 1980s – Ronald Reagan
6. 1996 Welfare Reform and since
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late colonial period
Slavery was more of an institution,
they were never considered within the framework of the poor
they were never considered within the framework of the poor
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discrimination in American History
no other experience compares to slavery, but anyone who was not considered anglo-saxon suffered from institutional discrimination
\
\
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discrimination examples
Germans during the 18th century
Jews
catholic
Chinese- chinese exclusion act
Japanese- WW2
Mexicans
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Jews
catholic
Chinese- chinese exclusion act
Japanese- WW2
Mexicans
\
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What to do with the poor?
the answer came from British- colonists
dichotomy between deserving and undeserving poor
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dichotomy between deserving and undeserving poor
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deserving poor?
those who can’t take – and couldn’t have taken – reasonable steps to avoid poverty
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undeserving poor
•those who can take – and could have taken – reasonable steps to avoid poverty (in other words, those who refuse to help themselves)
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paupers
paupers grave- a public health funeral paid for by local authorities
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\
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1784, Emperor Joseph II –– issued the Josephinian Burial
•Regulations decree that sought to achieve the “quickest possible decomposition” of buried bodies.
•He proposed bodies "should be sewn into a linen bag, completely naked and without clothes", placed in one mass grave and that coffins were to be made reusable, as only necessary for transporting bodies to the burial site.
•He proposed bodies "should be sewn into a linen bag, completely naked and without clothes", placed in one mass grave and that coffins were to be made reusable, as only necessary for transporting bodies to the burial site.
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Explanations for increases of pauperism \n
•why are there all these poor people? Why are their numbers growing?
–moving from rural society toward more urbanism
–people are paid with money (rather than growing their own crops, etc.)
•how much should people be paid?
•immigration from other parts of the world?
•how does that affect labor market?
\
–moving from rural society toward more urbanism
–people are paid with money (rather than growing their own crops, etc.)
•how much should people be paid?
•immigration from other parts of the world?
•how does that affect labor market?
\
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Cities and Immigration
•Irish (1840s, potato famine) à huge boost to international immigration
•many of the immigrants aren’t prepared for an urban way of life, and they aren’t prepared for discrimination (ads in newspapers: maid to do this and that, at the bottom of the ad in bold letters: no Irish need apply)
•Chinese immigrants in 19th century
-- to build the railroads of the west
•
•many of the immigrants aren’t prepared for an urban way of life, and they aren’t prepared for discrimination (ads in newspapers: maid to do this and that, at the bottom of the ad in bold letters: no Irish need apply)
•Chinese immigrants in 19th century
-- to build the railroads of the west
•
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intemperance
prohibition: sale and consumption of alcoholic beverages is prohibited (until 1933)
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relief for the poor?
\-- what sort of relief should be provided to the deserving poor? -- what kind of relief should society make available to poor people -- undeserving poor/pauperism: considered as almost sinful behavior, someone is doing an act of “active wrong.”
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•**public poor relief practices**: do they help people getting used to being poor?
–why should the public authorities be involved?
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**private charity**
•**charity** indiscriminate generosity: churches, private orgs., some claimed it also perpetuated poverty (but conservatives much prefer it to public programs)
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For the “deserving poor”
•**outdoor relief**: helping people in their own house, in their own setting
•could be undertaken by family members, neighbors, friends, church
•outdoor relief is seen as charitable and kindly
•could be undertaken by family members, neighbors, friends, church
•outdoor relief is seen as charitable and kindly
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indoor relief
•took a variety of forms
•poorhouse (tradition), the work house, the alms house
•idea: if you want assistance, you go somewhere to seek it out and submit yourself to the authorities
•people didn’t want to go to the poorhouse (almshouse, workhouse) because, first of all, families would be broken up
•also, you would be taught how to work (it would be ground into you, tough kind of environment)
•poorhouse (tradition), the work house, the alms house
•idea: if you want assistance, you go somewhere to seek it out and submit yourself to the authorities
•people didn’t want to go to the poorhouse (almshouse, workhouse) because, first of all, families would be broken up
•also, you would be taught how to work (it would be ground into you, tough kind of environment)
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poor houses
almost all under local control
•institution of the poorhouse hung on for a long time!
–in the 1950s (post-World War II) they are still around, the institution died a very slow death in some areas of the country
•run by and supported by LOCAL – not STATE, let alone FEDERAL – government
•at its height, mid-to-late 19th century poorhouses were pretty much universal
•also seen as a way of suppressing intemperance (alcohol is not available)
•indoor relief: you pretty much gave up your basic liberties
•poorhouses were usually secular and had little to do with any kind of church
–churches generally had their own kind of organizations
•institution of the poorhouse hung on for a long time!
–in the 1950s (post-World War II) they are still around, the institution died a very slow death in some areas of the country
•run by and supported by LOCAL – not STATE, let alone FEDERAL – government
•at its height, mid-to-late 19th century poorhouses were pretty much universal
•also seen as a way of suppressing intemperance (alcohol is not available)
•indoor relief: you pretty much gave up your basic liberties
•poorhouses were usually secular and had little to do with any kind of church
–churches generally had their own kind of organizations
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poor houses cont
•it was hoped that it would inculcate people with work habits and reduce dependence on outdoor relief and charitable/religious organization
•teaching people how to be self-sufficient
•indoor relief: to show the undeserving poor the error of their ways
•top drinking, get good work habits, don’t look for a handout
–and, by all means, stand up straight!
–don’t be weepy eyed about it! tough love
•not really ‘coddling the poor’
\
•teaching people how to be self-sufficient
•indoor relief: to show the undeserving poor the error of their ways
•top drinking, get good work habits, don’t look for a handout
–and, by all means, stand up straight!
–don’t be weepy eyed about it! tough love
•not really ‘coddling the poor’
\
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after the civil war
urbanization and industrialization
urbanization and industrialization
•1860s to about 1910s: things are changing gradually
•US is becoming more of an urban society rather than rural
•emergence of major cities in the northeast, Chicago, etc.
–they are becoming huge, multi-million population
•many Germans, Scandinavians, etc. move further west, to the Midwest, Texas, etc.
•lots of major immigration waves: Irish, Italians, East Europeans, Jews escaping pogroms, etc.
•US is becoming more of an urban society rather than rural
•emergence of major cities in the northeast, Chicago, etc.
–they are becoming huge, multi-million population
•many Germans, Scandinavians, etc. move further west, to the Midwest, Texas, etc.
•lots of major immigration waves: Irish, Italians, East Europeans, Jews escaping pogroms, etc.
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unbridled capitalism
•post-Civil War ushers in a period of unbridled capitalism, the Gilded Age of the creation of some extraordinary wealth accumulated while also major degradation & poverty
•different schools of thought to explain and deal with poverty, distribution
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•different schools of thought to explain and deal with poverty, distribution
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Social Darwinism
•crude interpretation of Darwin’s evolutionary theory
•survival of the fittest (ethnic groups, nations, etc.)
• justification of the British Empire
–why this small island, off mainland Europe, could dominate a quarter of the world’s surface area
•British are superior race, they rise to the top
•Rudyard Kipling, poet laureate and defender of the Empire
•then many people took it seriously and counseled following “the way of the British” – __now__ of course it sounds very racist and offensive
•
•survival of the fittest (ethnic groups, nations, etc.)
• justification of the British Empire
–why this small island, off mainland Europe, could dominate a quarter of the world’s surface area
•British are superior race, they rise to the top
•Rudyard Kipling, poet laureate and defender of the Empire
•then many people took it seriously and counseled following “the way of the British” – __now__ of course it sounds very racist and offensive
•
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the proper role of the gov.
•to protect the successful from the unsuccessful (the ‘higher forms of life’ from the ‘lower forms of life’)
•the British Empire’s objective: to bring civilization to the uncivilized
–the sacred duty of the Empire
•the extraction of resources, etc.: ‘the Empire’s just rewards’•
•the British Empire’s objective: to bring civilization to the uncivilized
–the sacred duty of the Empire
•the extraction of resources, etc.: ‘the Empire’s just rewards’•
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19th century science
•19th century: natural scientists started to discover the basic primary laws of nature (physicists, chemists, etc.)
•these laws explained to people how things (the world around them) worked
•can’t we also uncover certain kinds of laws about human behavior?
•these laws explained to people how things (the world around them) worked
•can’t we also uncover certain kinds of laws about human behavior?
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What about poverty?- science
•can’t we also uncover certain kinds of laws about human behavior?
•out of this rose a school of thought, the COS, Charity Organization Societies
–looked at poverty in the US, big cities, etc.
–can we be more logical, efficient, scientific about looking at these issues
•coming up with the notion of scientific charities
•apply logic and rationality, to the question of poverty
•out of this rose a school of thought, the COS, Charity Organization Societies
–looked at poverty in the US, big cities, etc.
–can we be more logical, efficient, scientific about looking at these issues
•coming up with the notion of scientific charities
•apply logic and rationality, to the question of poverty
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3 Options to \n Charity Organization Societies
1. Scientific Charity
2. Political Machines
3. Settlement House Movement
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Scientific Charity
•how to alleviate destitution from the bad side effects that usually accompanied relief and charity?
•how to be a bit more ‘scientific’ about it
•how to be a bit more ‘scientific’ about it
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the solution to the above questions had to meet 5 criteria
1. to provide that no one shall starve or shall suffer for the absolute physical necessities of life
2. to make this provision in such a way as to do as little moral harm as possible, both to the recipient of relief and to the community at large
3. to use every means to render the necessity for relief of short duration
4. how do we do this? To take as small a sum of possible from the tax-paying part of the community (i.e., upright citizens) as is consistent with the accomplishment of the first three objectives
5. to convince the community that all of these objectives are attained, and that consequently, they need not take upon themselves the provision of the necessities of life for those who have no direct or personal claim upon them
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Why Do We Need to Help the Poor?
•throughout American history, the poor have been regarded as undeserving: people who do not deserve sympathy because they brought their poverty on themselves, either through laziness and immorality, or because they are culturally or mentally deficient.
•this long-dominant view sees poverty as a *personal failure*, serving to justify America's mean-spirited treatment of the poor
•there are other explanations of poverty besides personal failure
•poverty is a problem of
–place
–resources
–political economy
–power
–market failure
•this long-dominant view sees poverty as a *personal failure*, serving to justify America's mean-spirited treatment of the poor
•there are other explanations of poverty besides personal failure
•poverty is a problem of
–place
–resources
–political economy
–power
–market failure
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Second Option: Political Machines
no one speaks for the poor
perhaps we could do something about this, get the poor some representation
1880s, 1890s, 1900s: political machines in the big northern cities, mostly of the democratic party
so political activists go to poor neighborhoods and constituencies: they will take care of problems and all they ask in return is your when the next election comes around
perhaps we could do something about this, get the poor some representation
1880s, 1890s, 1900s: political machines in the big northern cities, mostly of the democratic party
so political activists go to poor neighborhoods and constituencies: they will take care of problems and all they ask in return is your when the next election comes around
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POLITICAL MACHINES
CONTROLLED THE ACTIVITIES OF POLITICAL PARTIES IN THE CITY
WARD BOSSES, PRECINCT CAPTAINS, AND THE CITY BOSS WORKED FOR:
1. ENSURE THAT THEIR CANDIDATES ARE ELECTED
2. MAKE SURE THAT CITY GOV. WORKED TO THEIR ADVANTAGE
WARD BOSSES, PRECINCT CAPTAINS, AND THE CITY BOSS WORKED FOR:
1. ENSURE THAT THEIR CANDIDATES ARE ELECTED
2. MAKE SURE THAT CITY GOV. WORKED TO THEIR ADVANTAGE
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Third Option: \n The Settlement House Movement
\-- different reaction to and disagreement with charitable organizations
Jane Addams, her father was a minister, she had a strong sense of social justice
\-- very pragmatic approach: what did the poor need and how can we help them
very straightforward: childcare, housing, skill, literacy, basic English, vocational training (e.g., typing and secretarial)
Jane Addams, her father was a minister, she had a strong sense of social justice
\-- very pragmatic approach: what did the poor need and how can we help them
very straightforward: childcare, housing, skill, literacy, basic English, vocational training (e.g., typing and secretarial)
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Settlement House Movement
•something new: what do the poor think they need? (not what what do we think they need); much more responsive to them
•how can we assist you (rather than give you stuff)?
•you’ll have to work at it but we will help you get there
•allowing you to cope with your problems
•very pragmatic approach
•women would move into these houses; received assistance
•focused particularly on women, poor families, newly arrived immigrants
•helping African-Americans didn’t come until later and proceeded slowly
•
•how can we assist you (rather than give you stuff)?
•you’ll have to work at it but we will help you get there
•allowing you to cope with your problems
•very pragmatic approach
•women would move into these houses; received assistance
•focused particularly on women, poor families, newly arrived immigrants
•helping African-Americans didn’t come until later and proceeded slowly
•
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JANE ADDAMS
FOUNDER OF THE US HOUSE SETTLEMENT MOVEMENT AND ONE OF THE FIRST WOMEN TO BE AWARDED A NOBEL PEACE PRIZE
\-1889 CO FOUNDED HULL HOUSE IN CHICAGO THE FIRST SETTLEMENT HOUSE IN THE US
\-1889 CO FOUNDED HULL HOUSE IN CHICAGO THE FIRST SETTLEMENT HOUSE IN THE US
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Settlement House Movement
•over time the key concern shifted from poor individuals to neighborhoods and groups and, more specifically
–hygiene, sewage
–child labor, working conditions
–fair housing policy
–public health
\
\-- the movement also took on the cause of women suffrage
•became part of the Progressive Movement
•Teddy Roosevelt (President 1901-1909), at some point, even considered Jane Addams as Vice President
–hygiene, sewage
–child labor, working conditions
–fair housing policy
–public health
\
\-- the movement also took on the cause of women suffrage
•became part of the Progressive Movement
•Teddy Roosevelt (President 1901-1909), at some point, even considered Jane Addams as Vice President
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side benefits of Settlement Houses:
\-- new information on households collected
-- origins of social work
-- inspired by similar efforts, to record information on low-income people in London
-- origins of social work
-- inspired by similar efforts, to record information on low-income people in London
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“Scientific” Charities
•all efforts of the time (scientific charity to settlement houses) were local, private efforts with no state and federal government involvement
•until… 1890: New York State Care Act
–provide financial assistance for mentally ill
–the very first time a state provided a group with assistance with taxpayer money
•until… 1890: New York State Care Act
–provide financial assistance for mentally ill
–the very first time a state provided a group with assistance with taxpayer money
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Turn of the 19th/20th centuries
•1890s: economic crisis but no federal involvement in poverty policy
•1914: WWI, US enters the war in 1917
•1920s: fast growth, US is now a world power (with veiled imperial ambitions), but
–social problems persist, become quantitatively larger
–problems among immigrants, poor city dwellers, African-Americans
–the beginning of Great Migration
•
•1914: WWI, US enters the war in 1917
•1920s: fast growth, US is now a world power (with veiled imperial ambitions), but
–social problems persist, become quantitatively larger
–problems among immigrants, poor city dwellers, African-Americans
–the beginning of Great Migration
•
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What is Bail?
•Bail is the security that a defendant puts up to make sure they show up for future court hearings and their trial.
\
•If they fail to show up, they may forfeit the bail in a bail forfeiture proceeding.
\
\-- Art. 17.01, Code of Criminal Procedure
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•If they fail to show up, they may forfeit the bail in a bail forfeiture proceeding.
\
\-- Art. 17.01, Code of Criminal Procedure
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What is the Purpose of Bail?
•Setting bail has three general objectives:
•Ensuring that the defendant appears in court as directed;
•Protecting the safety of the victim of the offense and the general safety of law enforcement and the community;
•Releasing the defendant from custody.
\
*-- Ex parte Milburn*, 8 S.W. 3d 422, 424 (Tex. App. – Amarillo 1999, no pet)
\
•The purpose of bail is **not** to impose an additional punishment for an alleged offense!
•Ensuring that the defendant appears in court as directed;
•Protecting the safety of the victim of the offense and the general safety of law enforcement and the community;
•Releasing the defendant from custody.
\
*-- Ex parte Milburn*, 8 S.W. 3d 422, 424 (Tex. App. – Amarillo 1999, no pet)
\
•The purpose of bail is **not** to impose an additional punishment for an alleged offense!
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Is Bail a Fundamental Right?
•Yes!
•“Excessive bail shall not be required . . .”
–8th Amendment, U.S. Constitution
–Art. 1, Section 13, Texas Constitution
–Art. 1.09, Code of Criminal Procedure
•“Excessive bail shall not be required . . .”
–8th Amendment, U.S. Constitution
–Art. 1, Section 13, Texas Constitution
–Art. 1.09, Code of Criminal Procedure
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What is a Bail Bond?
•A bail bond is a written undertaking entered into by the defendant **and the defendant’s sureties** for the appearance of the defendant before a court or magistrate to answer a criminal accusation.
•The surety is typically a bail bondsman.
•If the defendant fails to appear for a hearing or trial, the surety is liable for the amount of the bond.
\
\-- Art. 17.02, Code of Criminal Procedure
•The surety is typically a bail bondsman.
•If the defendant fails to appear for a hearing or trial, the surety is liable for the amount of the bond.
\
\-- Art. 17.02, Code of Criminal Procedure
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What is a Bail Bond? DIIF DEF
•A defendant who is ordered to post a bail bond to be released from custody may also deposit **cash** in the amount of the bail and in that case is not required to have a surety co-sign the bond.
\
\
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What is a Personal Bond?
•A personal bond means that the defendant is **promising** to pay the amount of the bail if they don’t show up.
\
•But they are not required to have a surety co-sign the bond.
\
•But they are not required to have a surety co-sign the bond.
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What is a PR Bond?
•The term “PR Bond” or “Personal Recognizance Bond” is never used in Article 17 or any other statute!
•But it generally refers to a personal bond **with no bail amount**.
•The defendant promises to show up as a condition of being released but they are not liable in a bail forfeiture proceeding.
•But it generally refers to a personal bond **with no bail amount**.
•The defendant promises to show up as a condition of being released but they are not liable in a bail forfeiture proceeding.
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What is a “PR Bond”? CONT
•Many people (including judges) mistakenly call **all** personal bonds “PR Bonds.”
•This is incorrect: if the bond has a monetary amount the defendant agrees to pay if they fail to appear, then it is a **personal** bond; if there is no monetary amount, then it is a “PR Bond.”
•This is incorrect: if the bond has a monetary amount the defendant agrees to pay if they fail to appear, then it is a **personal** bond; if there is no monetary amount, then it is a “PR Bond.”
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NAURRRRRRRR IM SLEEPY ANYWAYS FLIP
•“PR Bonds” are generally used only in fine-only and other minor misdemeanor cases while personal bonds may be appropriate in other cases as well.
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Who Decides What \n Kind of Bond is Required?
•The magistrate or judge who sets bail also decides whether the bond must be a bail bond, a personal bond or a “PR Bond.”
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What are Bond Conditions?
BOND CONDITIONS ARE SPECIFIC OBLIGATIONS INCLUDED AS TERM OF THE BOND THE DEFENDANT SIGNS TERMSTHAT THE DEFENDANT MUST MEET AS A CONDITION OF THEIR RELEASE FROM CUSTODY
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WHAT ARE BOND CONDITIONS
A MAGISTRATE MAY IMPOSE ANY REASONABLE CONDITION OF BOND RELATED TO THE SAFETY OF A VICTIM OT THE COMMUNITY
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WHAT IS THE PROBLEM?
•Holding the wrong people!
•Releasing the wrong people!
\
•Releasing the wrong people!
\
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What are Pre-set Bail Schedules?
•Bail is set solely based on the nature of the offense with which the defendant is charged.
•What is the advantage of using a pre-set bail schedule?
•What is the problem?
\
•They came to be widely used
•With bail bonds rather than personal bonds.
•The defendant’s ability to pay was not taken into account.
•What is the advantage of using a pre-set bail schedule?
•What is the problem?
\
•They came to be widely used
•With bail bonds rather than personal bonds.
•The defendant’s ability to pay was not taken into account.
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Culture of Adhering to \n Pre-set Bail Schedules
•In Harris County the following instructions were included in e-mails to magistrates:
A retired hearing officer: “You may never, never ever give a personal bond to a defendant in any of the district courts. This would probably get you fired.”
District Court Judge Joan Huffman: “No pre-trial bonds; no lowering of bonds.”
-- State Commission on Judicial Conduct, CJC No. 17-0350-AJ (December 6-7, 2018)
•
A retired hearing officer: “You may never, never ever give a personal bond to a defendant in any of the district courts. This would probably get you fired.”
District Court Judge Joan Huffman: “No pre-trial bonds; no lowering of bonds.”
-- State Commission on Judicial Conduct, CJC No. 17-0350-AJ (December 6-7, 2018)
•
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O’Donnell v. Harris County: \n District Court Opinion
•The court finds that:
• Harris County has a consistent and systematic policy and practice of imposing secured money bail as de facto orders of pretrial detention in misdemeanor cases.
• Harris County has a consistent and systematic policy and practice of imposing secured money bail as de facto orders of pretrial detention in misdemeanor cases.
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O’Donnell v. Harris County: \n Fifth Circuit Opinion
•In sum, the essence of the district court’s equal protection analysis can be boiled down to the following: take two misdemeanor arrestees who are identical in every way—same charge, same criminal backgrounds, same circumstances, etc.—except that one is wealthy and one is indigent.
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Daves v. Dallas County: \n District Court Opinion
•Two arrestees similar in every way except their ability to pay will have vastly different pretrial outcomes as a result of the Magistrate Judges’ mechanical application of the bond schedules.
•Wealthy arrestees — regardless of the crime they are accused of — who are offered secured bail can pay the requested amount and leave.
Indigent arrestees in the same position cannot
•Dallas County is enjoined from imposing prescheduled bail amounts as a condition of release on arrestees who attest that they cannot afford such amounts without providing an adequate process for ensuring there is individual consideration for each arrestee of whether another amount or condition provides sufficient sureties.
•Wealthy arrestees — regardless of the crime they are accused of — who are offered secured bail can pay the requested amount and leave.
Indigent arrestees in the same position cannot
•Dallas County is enjoined from imposing prescheduled bail amounts as a condition of release on arrestees who attest that they cannot afford such amounts without providing an adequate process for ensuring there is individual consideration for each arrestee of whether another amount or condition provides sufficient sureties.
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But what about Damon Allen?
how do u prevent the release of violent offenders like the person who murdered Damon Allen
\-pre-trial risk assesment
\-pre-trial risk assesment
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“Risk Principle”
“Simply stated, the risk principle indicates that offenders should be provided with supervision and treatment levels that are commensurate with their risk levels.”
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“Risk assessment is now considered the cornerstone of effective correctional intervention”
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“Risk assessment is now considered the cornerstone of effective correctional intervention”
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instead of the risk assessment
damon allen act
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What is the Damon Allen Act?
•Reforms the bail system in Texas by giving magistrates better information about a defendant, including their criminal record history, in order to be able to distinguish between those defendants:
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The Public Safety Report System
•OCA (Office of Court Administration) was required to develop and maintain a Public Safety Report System to provide:
•Information on the eligibility of a defendant for a personal bond.
•Information on the applicability of any required or discretionary bond conditions.
•The criminal history of the defendant in summary form.
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•Information on the eligibility of a defendant for a personal bond.
•Information on the applicability of any required or discretionary bond conditions.
•The criminal history of the defendant in summary form.
•
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Rules for Setting Bail
•Bail and bond conditions must be set under the following rules in Art. 17.15(a) of the Code of Criminal Procedure:
•The nature of the offense must be considered, including whether it involved violence, including violence against a peace officer.
•The ability to make bail must be considered and proof may be taken on this point.
•The future safety of the community, law enforcement and a victim are to be considered.
•The criminal history record information for the defendant must be considered, including:
•Information maintained by DPS in CJIS/CCH and in the Public Safety Report System.
•Any acts of family violence.
•Other pending criminal charges.
•Any instances in which the defendant failed to appear in court after release on bail.
•The citizenship status of the defendant.
•The nature of the offense must be considered, including whether it involved violence, including violence against a peace officer.
•The ability to make bail must be considered and proof may be taken on this point.
•The future safety of the community, law enforcement and a victim are to be considered.
•The criminal history record information for the defendant must be considered, including:
•Information maintained by DPS in CJIS/CCH and in the Public Safety Report System.
•Any acts of family violence.
•Other pending criminal charges.
•Any instances in which the defendant failed to appear in court after release on bail.
•The citizenship status of the defendant.
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Restriction on Personal Bonds
•A defendant may **not** be released on a personal bond if the defendant is charged with an offense involving violence.
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The Bail Decision
•After individualized consideration of all the factors listed in Art. 17.15(a), the magistrate must order that the defendant be:
•Granted a personal bond with or without conditions;
•Granted a bail bond with or without conditions; or
•Denied bail under the Texas Constitution and other law.
•This order must be made without unnecessary delay but no later than 48 hours after the defendant is arrested.
•In setting bail the **magistrate must impose the least restrictive conditions**, if any, and the personal bond or bail bond necessary to reasonably ensure the defendant’s appearance in court and the safety of the community, law enforcement and the victim.
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•Granted a personal bond with or without conditions;
•Granted a bail bond with or without conditions; or
•Denied bail under the Texas Constitution and other law.
•This order must be made without unnecessary delay but no later than 48 hours after the defendant is arrested.
•In setting bail the **magistrate must impose the least restrictive conditions**, if any, and the personal bond or bail bond necessary to reasonably ensure the defendant’s appearance in court and the safety of the community, law enforcement and the victim.
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•
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Bail Schedules and \n Standing Orders
Bail Schedules and \n Standing Orders
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US Presidents
•-- Presidents
• 1913-21: Woodrow Wilson (D)
• 1921-23: Warren Harding (R)
• 1923-29: Calvin Coolidge (R) – decided not to run for re-election
• 1929-33: Herbert Hoover (R) – very conservative and laissez faire
–stock market crashes (10/29/1929)
–economic collapse to an unprecedented level
–several proposals to address situation
•
• 1913-21: Woodrow Wilson (D)
• 1921-23: Warren Harding (R)
• 1923-29: Calvin Coolidge (R) – decided not to run for re-election
• 1929-33: Herbert Hoover (R) – very conservative and laissez faire
–stock market crashes (10/29/1929)
–economic collapse to an unprecedented level
–several proposals to address situation
•
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the uniqueness of the great depression
1. scale of industrial and financial collapse was unprecedented
\-- no previous experience on how to deal with this sort of problem
2. magnitude of unemployed exhausted usual sources of assistance
\-- local, community orgs were insufficient
3. middle class was intimately affected, not just the ‘poor’
\-- important bc they could bot be blamed for losing their job, becoming poor
4. blue collar workers had begun to taste the ‘good life’
\-- cities that depended on steel mills, for example, came to a complete halt
\-- workers had become used to a more comfortable lifestyle provided by union-backed jobs
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Populism
•anti-establishment appeal for the working class (Huey Long)
–assign blame to capitalism, Jews, communists
•Dr. Francis Townsend à Townsend Plan (a revolving old-age pension proposal)
•everyone about 60 must retire
•they would receive a monthly amount of $200 that they had to spend
•would come from taxing all financial transactions
–assign blame to capitalism, Jews, communists
•Dr. Francis Townsend à Townsend Plan (a revolving old-age pension proposal)
•everyone about 60 must retire
•they would receive a monthly amount of $200 that they had to spend
•would come from taxing all financial transactions
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1932 Presidential Campaign
•FDR wins, says government would try to do something
•Hoover (incumbent): ideologically out of his depth, “Washington shouldn’t intervene”
•FDR: to get the economy up and running
•old way of doing this was not enough
•Hoover (incumbent): ideologically out of his depth, “Washington shouldn’t intervene”
•FDR: to get the economy up and running
•old way of doing this was not enough
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FDR timeline
•first 100 days: avalanche of legislative action
•1936: re-elected with a lot of support
•1940: runs for a 3rd term: gets re-elected (unprecedented)
•1939: WWII begins
•1941: attack on Pearl Harbor
•1944: FDR wins 4th term, dies in April 1945
•1945: Harry S. Truman is president
•1936: re-elected with a lot of support
•1940: runs for a 3rd term: gets re-elected (unprecedented)
•1939: WWII begins
•1941: attack on Pearl Harbor
•1944: FDR wins 4th term, dies in April 1945
•1945: Harry S. Truman is president
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FDR’s 1st 100 days
‘alphabet soup’ of new acts, tons of new legislation
for the first time, the federal government gets involved
3 basic types of policies
1. Alleviative: just give someone something temporary to do, sometimes very crude
\-- giving people something to work in/for
\-- CCC: Civilian Conservation Corps: public works (parks, roads) for some time, often very short term
2. Curative: how to amend the problems, how to make them disappear
\-- long term, structural, economic reforms
3. Preventive: how can we prevent these problems from rising again
\-- Social Security Act
\-- curative but mostly preventive
\-- assistance for 2 groups: soon to be retired (you’ll have something if you contributed)
for the first time, the federal government gets involved
3 basic types of policies
1. Alleviative: just give someone something temporary to do, sometimes very crude
\-- giving people something to work in/for
\-- CCC: Civilian Conservation Corps: public works (parks, roads) for some time, often very short term
2. Curative: how to amend the problems, how to make them disappear
\-- long term, structural, economic reforms
3. Preventive: how can we prevent these problems from rising again
\-- Social Security Act
\-- curative but mostly preventive
\-- assistance for 2 groups: soon to be retired (you’ll have something if you contributed)
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Social Security!
•Essentially, a contract across generations:
–the longer you wait, the more you’ll get
–COLA: cost of living adjustment
–Social Security payments go up according to increases in the cost of life
•Social Security (SS) is not paid thru general tax revenue but the current working generation paying for the current retired generation
–problem: as the population ages, the retired generation becomes larger and the working one becomes smaller with lower birth rates
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•SS was an omnibus bill: contained several policies
–initially, SS also contained universal healthcare but FDR removed it due to opposition, in order to ensure that SS was passed
–the longer you wait, the more you’ll get
–COLA: cost of living adjustment
–Social Security payments go up according to increases in the cost of life
•Social Security (SS) is not paid thru general tax revenue but the current working generation paying for the current retired generation
–problem: as the population ages, the retired generation becomes larger and the working one becomes smaller with lower birth rates
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•SS was an omnibus bill: contained several policies
–initially, SS also contained universal healthcare but FDR removed it due to opposition, in order to ensure that SS was passed
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How did the New Deal address \n the Great Depression?
\-- it didn’t really solve the Depression, but WWII did
\-- huge amounts of spending and full employment
\-- US becomes a true ‘Arsenal of Democracy’
-- but… did the New Deal improve the situation in the late 1930, compared to the early 1930s? YES.
\-- huge amounts of spending and full employment
\-- US becomes a true ‘Arsenal of Democracy’
-- but… did the New Deal improve the situation in the late 1930, compared to the early 1930s? YES.
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How Did the Great Depression Disappear?
•millions found themselves in dire poverty during the GD
•many new policies and agencies, to rescue the country and the economy
•poverty was a symptom of a much larger problem (the economy wasn’t functioning)
•World War II: government is spending as much as possible doesn’t care if it goes into deficit spending
•GD disappears when US enters war in late 1941
•many new policies and agencies, to rescue the country and the economy
•poverty was a symptom of a much larger problem (the economy wasn’t functioning)
•World War II: government is spending as much as possible doesn’t care if it goes into deficit spending
•GD disappears when US enters war in late 1941
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FDR to HSR
•FDR (1933-1945; 3 terms plus 3 months), succeeded by Harry S Truman (1945-1953)
•huge upset in 1948, beating Thomas Dewey, governor of New York – classic picture, perhaps most famous in US political photography
•huge upset in 1948, beating Thomas Dewey, governor of New York – classic picture, perhaps most famous in US political photography
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Truman and Poverty and Civil Rights
•During his presidency, Truman issued
•Executive Order 9808 (1946), which established the President's Committee on Civil Rights;
•Executive Order 9980 (1948), which established a fair employment board to eliminate discriminatory hiring within the federal government; and
•Executive Order 9981, which desegregated the U.S. Armed Forces
•Executive Order 9808 (1946), which established the President's Committee on Civil Rights;
•Executive Order 9980 (1948), which established a fair employment board to eliminate discriminatory hiring within the federal government; and
•Executive Order 9981, which desegregated the U.S. Armed Forces
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Dwight D. Eisenhower (1953-1961)
•sponsored and signed the Civil Rights Bill of 1957 (the first such bill since Reconstruction)
•sponsored and signed the Federal Aid Highway Act of 1956.
•balanced the budget, not just once, but three times
•ended the Korean War
•kept America at peace
•post-war economy: millions of GIs back, getting married, need houses, cars, appliances, etc.
•sponsored and signed the Federal Aid Highway Act of 1956.
•balanced the budget, not just once, but three times
•ended the Korean War
•kept America at peace
•post-war economy: millions of GIs back, getting married, need houses, cars, appliances, etc.
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JFK’s Unrealized Promise
•junior senator from Massachusetts, in his 1st term
•extremely wealthy background à father made a fortune, some of it in legal endeavors
•during his run for the presidency in 1959/60, going through the primary season (a long, hard, slog) à had to go from state to state delivering his stump speeches
•extremely wealthy background à father made a fortune, some of it in legal endeavors
•during his run for the presidency in 1959/60, going through the primary season (a long, hard, slog) à had to go from state to state delivering his stump speeches
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JFK and Poverty
•one of the primary states was West Virginia (nothing in common with Massachusetts)
•JFK was dumbstruck by what he saw in WV
•didn’t know people in the USA could live in that sort of poverty
•he defeated Richard M. Nixon (Vice President for Ike for 8 years), in a very close race
•JFK was dumbstruck by what he saw in WV
•didn’t know people in the USA could live in that sort of poverty
•he defeated Richard M. Nixon (Vice President for Ike for 8 years), in a very close race
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JFK said that one thing he wanted to do was?
•think of some sort of program to help people who lived in the kind of poverty as the people he encountered in WV
•he would have almost certainly been re-elected, had it not been for Lee Harvey Oswald in Dallas, on November 22, 1963
•he would have almost certainly been re-elected, had it not been for Lee Harvey Oswald in Dallas, on November 22, 1963
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the publication of Michael Harrington’s *The Other America*, in 1963, made a huge impact?
•JFK and the Democratic establishment
•serious planning to combat poverty began in the same year following the realization that the number of those who exited from poverty in 1959-1961 drastically diminished
•serious planning to combat poverty began in the same year following the realization that the number of those who exited from poverty in 1959-1961 drastically diminished
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LBJ (1908-1973) 36th
AFTER JFK
poor bg
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what made an impression on LBJ?
Cotulla, texas- teacher minority school for a few years
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What did LBJ hold in congress?
•Congressman (1937-1949)
•Senator (1949-1961
–Majority leader (1957-1961)
–Minority leader (1956-1957)
•VP under JFK (1961-1963)
•poverty and inequality for LBJ were personal, something he knew first-hand and he was determined to do something about them
•Senator (1949-1961
–Majority leader (1957-1961)
–Minority leader (1956-1957)
•VP under JFK (1961-1963)
•poverty and inequality for LBJ were personal, something he knew first-hand and he was determined to do something about them
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what was the 1964 civil rights act
•July 1964: LBJ pushed through Congress – against some formidable (Southern) opposition – the Civil Rights Act
•it prohibited discrimination based on race, color, religion, or national origin and gave the federal governments new powers to enforce the law
•it prohibited discrimination based on race, color, religion, or national origin and gave the federal governments new powers to enforce the law
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What was also part of the civil rights act?
voting rights act 1965
prohibited literacy tests or other discriminatory practices for voting and insured consistent election practices
prohibited literacy tests or other discriminatory practices for voting and insured consistent election practices
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what did LBJ announce in 1964?
war on poverty
•by 1964 and in the next 2-3 years USA was in an economic boom
•sustained economic ‘good times’ with people’s well-being improving
•usually: two types of circumstances when a president is turning his attention to poverty
–A) an economic depression
•Obvious: relieve poverty, help those who need it
OR
–B) an economic boom
•What about the people who are being left behind?
•by 1964 and in the next 2-3 years USA was in an economic boom
•sustained economic ‘good times’ with people’s well-being improving
•usually: two types of circumstances when a president is turning his attention to poverty
–A) an economic depression
•Obvious: relieve poverty, help those who need it
OR
–B) an economic boom
•What about the people who are being left behind?
Note 
Flashcards (20)