Houston Justice System Disfavors Poor

Blacks awaiting trial in Harris County Texas have always had a tougher time receiving fair treatment than other ethnic groups. They still do.

Gerald R. Wheeler reviewed more than 6,500 felony and misdemeanor pretrial detainee cases in Harris County, between January 2012 and June 2013. Wheeler, who served as director of the Harris County pretrial program from 1977 to 1983, was joined in the study by local attorney Gerald Fry. Their research revealed that pretrial detainees who could afford to make bond were more likely to receive favorable treatment in the courtroom. Their findings also revealed that, regardless of age, ethnicity or skin color, detainees unable to post bond were less likely to have their charges dismissed or to receive deferred prosecutions, a modified form of probation.

A review of drug possession cases showed that 83 percent of those who were able to post bond received deferred prosecution compared to only 55 percent of those who remained in jail. First-time felony offenders who could not afford to post bond spent, on average, more than two months behind bars before having their cases settled.

“Regardless of age, ethnicity or color of skin of over 90,000 people annually arrested, what generally determines the defendants' fate is his or her economic status,” says Wheeler. “In jail system, class defines fate.”

People unable to post bond often languished six months or more awaiting trial because Harris County judges are reluctant to release pretrial detainees on their own recognizance, regardless of whether they are charged with a felony or misdemeanor. In 2012, Houston judges released only one percent of those arrested for a felony and only seven percent of those charged with misdemeanors on personal recognizance (PR) bonds. Their counterparts, according to a 2006 U.S. Department of Justice survey of 75 urban areas, released about 26 percent of those charged with a felony on PR bonds.

Wheeler's findings are similar to the results of other national studies. Poor people unable to post bond are not only given less consideration in the courtroom, but they are also more likely to jobs, homes and family relationships while languishing behind bars. The losses are just as real even when the person is proven innocent. What's worse is that some feel pressured to plead guilty just to get out of their situation, even though they are not actually guilty.

In 2009, Wheeler published a similar report that revealed exactly the same results. The fact that no change has been made or even attempted in the last four years indicates that while the inequity exists in the plain sight of Harris County court officials they have become desensitized to the double standard and choose to maintain the status quo.

Caprice Cosper, a judge and the director of the Harris County Office of Criminal Justice Coordination, would not comment specifically on Wheeler's report but said that city officials continue to study the complexities raised by the jailing of first-time offenders and the mentally ill.

Johnny Mason, then 55, was arrested in March 2012 on charges that he beat his girlfriend with a board. Mason remained in the county jail for eight months before being acquitted of the charges against him. His attorney, Michael Trent, said that unlike Mason, many other pretrial detainees feel pressured to plead guilty just to get out of jail.

Carlos Mathis, 42, spent seven months in jail, unable to post bond, before the drug possession charges against him were eventually dismissed.

Wheeler's study also showed that mentally ill detainees often spend extended periods of time behind bars before being properly assessed and treated.

When interviewed by the Houston Chronicle editorial board and questioned about the decades-old mind-set even some Harris County jail guards admitted that the system was in need of a “culture change.”

Source: Houston Chronicle