As political analysts continue to piece together the results of this year’s general election, an illuminating takeaway has emerged on issues related to criminal justice: Voters who cast their ballot in red states also voted in local elections for reform-minded candidates and passed progressive criminal justice ballot measures; whereas in some blue states, voters preferred candidates who promise to implement tough-on-crime policies.
These results show that people’s political beliefs no longer easily fall along party lines. And criminal justice reform doesn’t offer any obviously easy solutions. For many, what matters most is feeling safe in our communities. It also suggests that most people believe accomplishing this requires us to no longer view matters like criminal justice as partisan issues.
When I think about this, the legacy and words of John Lewis—a civil rights leader turned congressman—spring to mind: “We cannot thrive as a democracy when justice is reserved for only those with means,” Lewis wrote in 2020. It was at the height of a national movement for racial justice, and his words and the social unrest were signs of a new movement for a more just and equitable America. Lewis was 80 years old then and severely ill with cancer, yet he remained optimistic about the future of America. Several years since his death, Lewis’ lifework and reflections still resonate deeply.
Supporting different networks of mutual aid organizations, like bail funds, is how communities can lean on their shared values and hold tight to their purpose.
As our nation works to bridge divides and find common ground, Lewis’ legacy continues to offer our nation guidance. From the Jim Crow era of the 1960s to the political and racial justice movement that swept the country in 2020, Lewis witnessed our country’s capacity to transform. His life experiences and reflections offer a roadmap for how people can protect and strengthen American democracy. He believed, for instance, that democracy cannot thrive “where power remains unchecked and justice is reserved for a select few. Ignoring these cries and failing to respond to this movement is simply not an option—for peace cannot exist where justice is not served.”
In today’s America, countless people are still living on the receiving end of that reality. Unarmed Black men continue to be brutally beaten by police. Women are being criminalized for pregnancy loss and for seeking reproductive healthcare. Meanwhile, families are being torn apart by a broken criminal justice system that puts a price on freedom for the legally innocent. But Lewis’ words offer us insight: “As a nation, if we care for the Beloved Community, we must move our feet, our hands, our hearts, our resources to build and not to tear down, to reconcile and not to divide, to love and not to hate, to heal and not to kill.”
To follow in Lewis’ footsteps means viewing this moment in our nation’s history as an opportunity to turn feelings of frustration and uncertainty into positive engagement with our community and fellow neighbors. One way to do that is through mutual aid—the practice of ordinary people helping others in their community by providing resources and services to help meet people’s needs. Groups organized for this purpose, like local community bail funds and The Bail Project, exist to support people when the government does not. Through wealth-based detention that results from the use of cash bail, our cities, states, and counties have shirked their responsibility to preserve the presumption of innocence, establishing a two-tiered system of justice: one for the rich, and another for everyone else.
Charitable bail organizations, like The Bail Project, are often local grassroot groups spearheaded by people from the communities they serve, staffed, for example, by faith leaders, legal experts, and advocates for criminal justice reform. Charitable bail organizations provide free bail assistance and even supportive services—such as court reminders and transportation assistance—to incarcerated people who have already been deemed eligible for release by a judge. In fact, many of the legally innocent people they help have been accused of low-level nonviolent misdemeanors, such as forgetting to attend a scheduled court date. Oftentimes, the only reason people remain incarcerated in jail before trial is because they cannot afford to pay the court a few hundred dollars in exchange for their release before trial—not because they pose a risk of flight or public safety concerns.
Bail funds play a powerful and important role not only in reducing the structural harms caused by our nation’s reliance on failing cash bail policies, but also in strengthening and preserving our country’s democratic ideals. In providing people who a judge has already determined is safe to release with free bail assistance and court support, we safeguard our country’s notions of liberty, freedom, and the presumption of innocence. These are fundamental principles that underpin American democracy—regardless of political affiliation. This work helps our society reimagine how our bail and pretrial systems can be improved.
As we look ahead, the road forward may not be easy, but we’re not alone on it. The work of mutual aid groups and charitable bail funds has helped usher in change. Over the last decade, more than 20 cities have safely minimized the use of cash bail. Supporting different networks of mutual aid organizations, like bail funds, is how communities can lean on their shared values and hold tight to their purpose. Now, more than ever, we must keep our eyes on what we’re here to accomplish, the change we’re fighting for, and the commitment that brought us together. Because, in the words of Lewis: “When you see something that is not right, not fair, not just, you have to speak up. You have to say something; you have to do something.”
