National groups uphold City’s concerns about how “catch-and-release” increases crime
Mayor Liccardo and City Councilmembers Carrasco and Mahan’s April memorandum—titled “Addressing Rising Crime & Expanding Treatment for Arrestees in San José”—analyzes mounting public safety concerns associated with the “revolving door” of cyclic catch-and-release policing. In 2021, SJPD observed a 10.4% upswing in local violent crimes, which Liccardo et al. connect to research data on rampant pre-trial releases. Opp Now spoke with the ACUF Nolan Center for Justice and Right on Crime on why catch-and-release practices acutely harm communities like SJ’s.
David H. Safavian, General Counsel of the American Conservative Union Foundation’s (ACUF) Nolan Center for Justice:
We have issues with catch-and-release as a general proposition. Pre-trial detention or bail (though there’s no cash bail in California) are important tools for community safety. It’s critical that people who are arrested get evaluated on two significant points: whether they’re a public safety threat if released, and how much of a risk of flight there is. The problem is that catch-and-release often doesn’t consider both risks. It doesn’t judge situations through the lens of public safety, and this causes some people to be released when they shouldn’t be.
New York tried a version of catch-and-release, and it was an abject failure. One man committed, I believe, twenty-nine small-time crimes without being detained. In another case, a bank robber who never used a weapon—he just passed a threatening note—did it six times and was released without bail after each arrest. He even told CNN he was shocked to be let go.
Failing to conduct a risk assessment means that the justice system is making pretrial decisions without sufficient data. People get released who shouldn’t be, while those who are no danger or flight risk are held. It makes no sense.
In the case of catch-and-release of nonviolent shoplifters, for example, the policy can impact residents’ quality of life. For instance, shoplifting doesn’t sound like a big deal, but repeated organized theft eventually drives much-needed retail establishments (e.g., pharmacies) out of cities.
Some believe that in most cases, arrested people should be put out on bond to ensure they appear for trial; but this doesn’t always make sense either. Holding people pre-trial when they aren't safety threats, repeat offenders, or flight risks fills jails and harms families. Our courts must be able to find the right balance.
At the end of the day, every person that is arrested should have to undergo a risk assessment. Are they a threat to public safety? Will they continue committing crimes when released? Are they at risk for flight? Etc. This is a mechanism that can prevent further harm to communities.
If San Jose isn’t doing this, it's failing to use important data tools to keep the community safe. How ironic in Silicon Valley.
Julie Warren, Deputy Director of Right on Crime:
When an arrest of a violent offender does not result in the offender being taken off the streets, there is an obvious public safety problem. The risk the offender poses to the public is clearly not being factored into the pretrial process. This catch-and-release practice undermines a community’s confidence in the justice system. It further places a freeze on the cooperation of citizens in the process.
Why would a member of a community pass along information to law enforcement about a crime, particularly one of violence, if they know the offender may be released immediately? Why would they assume the risk of that cooperation?
Moreover, it’s demoralizing for law enforcement who put themselves in harm’s way to make an arrest just to see the offender right back on the streets.
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This article is part of an exclusive Opp Now series.
In the first article, national criminal justice organizations echo the City’s concerns that catch-and-release policing encourages crime.
The second article features commentary from SJPD Sergeant Christian Camarillo on California’s disastrous zero bail legislation.
In the third article, SCC Supervisor candidate Johnny Khamis and SJ Mayor candidate Matt Mahan emphasize the importance of ditching catch-and-release procedures.
Then, Opp Now breaks down a Merc article privileging jailbreak supporters for the fourth series installment.
Finally, in the fifth article, Asian Industry B2B president Marc Ang rebuts pro-jailbreak San Joseans’ rhetoric.
Image by San José Public Library on Flickr