Bail decisions are critical in the lives of arrested persons. They come without judgment of guilt or innocence but can mean the deprivation of freedom for individuals as they await trial. But they can also have crushing unintended consequences for persons who become the victims of persons released without bail or on insufficient bail.

Episode 126 takes no position on the headline debates about bail reform. Instead, Ken W. Good takes us on a tour of the privacy issues involved with bail. A thirty-plus-year attorney, Ken is on the board of directors of the Professional Bondsmen of Texas, the voice of the bail industry in that state. What information does a magistrate or judge obtain when deciding on bail? What personal information about the accused individual is available, and does this data become available to the public? Is setting bail an open court matter? Is AI entering the courtroom through algorithms that make risk assessments about accused persons? Tune in to consider this critical stage of the criminal justice system and how the privacy of all of us is affected.

Time stamps:

01:06 — What is the bail bondsman's view of bail and potential bail reform?

02:34 — What are the privacy issues of bail?

05:40 — What data is presented before a magistrate in determining bail?

08:52 — Is the bail decision a public record? 

10:15 — Are A.I. and algorithms being used in bail determinations? 

12:07 — How might bail decisions evolve in the next 5-10 years?