On “Zero Tolerance”

“Zero tolerance.” Let’s talk about that concept a minute. What does that actually mean?

Does it mean denying due process? Setting bail so high for a misdemeanor that you can’t pay, so that you’d plead guilty in order to get out and keep your job? Because that’s what has happened to countless poor people.

Instead of cash bail, this administration has decided to use family separation in the same way: coercing folks to plead guilty rather than being separated from their kids.

Also: recognize this is what the cash bail system does to poor people all the time: it holds families hostage. If someone is not dangerous, and flight is not a serious risk, they should not be kept in jail. People plead guilty on a regular basis in order to avoid losing their jobs, homes, and kids.

“Zero tolerance” is a myth. We all want due process. That’s why we have courts in the first place: because circumstances matter.

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