What we’re seeing is judges continue to be afraid to release people but unafraid of someone dying in jail because they didn’t release them.
The incentive structure is far too tilted on “if this person gets out and does something we will excoriate you in the press,” while on the other hand there’s absolute/qualified immunity for something happening to someone in jail.
Notwithstanding the current crisis, it bears mentioning that bad things happen *all the time* to people in jails and we never blame the people who put them there.
Even worse, in the case of sexual assault the bad things that happen are celebrated by some of the same people who wanted the person there because sexual assault is so terrible.
It’s like once someone is incarcerated society deems you unable to be a victim. And that’s one of the primary problems with incarceration: there should not exist a space where we can forget about people and our obligations to them.
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