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I will never forget the first time I visited a client in jail.
譯者: Lilian Chiu 審譯者: Melody Tang
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The heavy, metal door slammed behind me,
我是 1950 年代生長在
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and I heard the key turn in the lock.
美國的一個普通的中產階級白人。
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The cement floor underneath me had a sticky film on it
那意味著,七月四日看煙火,
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that made a ripping sound,
萬聖節玩「不請客就搗蛋」,
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like tape being pulled off a box,
以及聖誕節在聖誕樹下放禮物。
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every time I moved my foot.
但那些傳統到了我的年代時,
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The only connection to the outside world was a small window placed too high to see.
它們都很空洞、商業化了,
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There was a small, square table bolted to the floor
只讓我感到空虛。
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and two metal chairs,
所以,從年輕的時候,
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one on either side.
我就開始尋找填補 關於存在的空洞的方法,
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That was the first time I understood viscerally --
來與某種比我自己 更大的東西連結。
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just for a fleeting moment --
在我的家庭中,已經超過一世紀 沒有舉行(猶太)成年禮了,
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what incarceration might feel like.
所以我想我要試試看──
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And I promised myself all those years ago as a young, public defender
(笑聲)
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that I would never, ever forget that feeling.
但在遇到拉比時,我整個人垮掉了。
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And I never have.
他的身材很高,外形像神, 有著豐厚的白髮,
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It inspired me to fight for each and every one of my clients' freedom
包括他問我的中間名字是什麼,
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as if it was my own.
以便填表格。
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Freedom.
是的,如此而已。
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A concept so fundamental to the American psyche
(笑聲)
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that it is enshrined in our constitution.
我拿到了那隻鋼筆,
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And yet, America is addicted to imprisonment.
但我沒有得到
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From slavery through mass incarceration,
我所尋找的歸屬感和信心。
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it always has been.
多年後,
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Look, we all know the shocking numbers.
我無法忍受我的兒子就要十三歲了,
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The United States incarcerates more people per capita
卻沒有某種成人儀式。
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than almost any nation on the planet.
所以我想到辦一個 十三歲生日之旅的主意。
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But what you may not know is that on any given night in America,
我提出要帶墨菲到世界上
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almost half a million people go to sleep in those concrete jail cells
任何一個對他有意義的地方。
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who have not been convicted of anything.
熱愛烏龜的他 是個萌芽中的年輕自然主義者,
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These mothers and fathers and sons and daughters
他馬上選擇了加拉巴哥群島。
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are there for one reason and one reason only:
當我女兒凱蒂十三歲時,
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they cannot afford to pay the price of their freedom.
她和我在大峽谷的底部 待了兩個星期,
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And that price is called bail.
在那裡,凱蒂第一次 了解到她很強大且勇敢。
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Now, bail was actually created as a form of conditional release.
在那之後,我的另一半艾希頓 以及許多親朋好友,
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The theory was simple:
都帶孩子踏上十三歲生日之旅,
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set bail at an amount that somebody could afford to pay --
每個人皆發現此舉讓孩子 與父母都有所改變。
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they would pay it --
我的成長過程沒有飯前禱告。
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it would give them an incentive to come back to court;
但在過去二十年間,
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it would give them some skin in the game.
在每一餐之前我們都會牽起手。
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Bail was never intended to be used as punishment.
那是分享寂靜的美好時刻,
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Bail was never intended to hold people in jail cells.
讓我們在那當下結合在一起。
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And bail was never, ever intended to create a two-tier system of justice:
艾希頓告訴每個人要「傳遞緊握」,
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one for the rich and one for everybody else.
並聲明那不是宗教性質的。
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But that is precisely what it has done.
(笑聲)
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75 percent of people in American local jails
最近我家人拜託我
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are there because they cannot pay bail.
把我一生所收集 超過兩百五十箱的東西
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People like Ramel.
處理一下時,
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On a chilly October afternoon,
我的「舉行儀式」衝動開始運作了。
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Ramel was riding his bicycle in his South Bronx neighborhood
我開始想我能否不單單 只是做「死前整理」。
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on his way to a market to pick up a quart of milk.
「死前整理」是個瑞典用詞, 指的是在死前清理好
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He was stopped by the police.
你的衣廚、地下室及閣樓。
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And when he demanded to know why he was being stopped,
你的孩子以後就不用做這些。
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an argument ensued, and the next thing he knew,
(笑聲)
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he was on the ground in handcuffs,
我想像我的孩子 把箱子一箱一箱打開,
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being charged with "riding your bicycle on the sidewalk
納悶我為什麼要留這些東西。
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and resisting arrest."
(笑聲)
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He was taken to court,
接著,我想像他們看著一張
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where a judge set 500 dollars bail.
我和一位美麗女子的照片,
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But Ramel -- he didn't have 500 dollars.
問:「和老爸在一起的 這個人到底是誰?」
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So this 32-year-old father was sent to "The Boat" --
(笑聲)
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a floating jail barge that sits on the East River
那是頓悟時刻。
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between a sewage plant and a fish market.
並非我保留的東西很重要,
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That's right, you heard me.
而是它們伴隨的故事所賦予的意義。
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In New York City, in 2018,
用物品來說故事,
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we have a floating prison barge that sits out there
有沒有可能 成為一個新儀式的誕生?
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and houses primarily black and brown men
一個生命過程的儀式── 但不是為十三歲,
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who cannot pay their bail.
而是為了我們更老的時候 要舉行的儀式。
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Let's talk for a moment
我開始做實驗。
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about what it means to be in jail even for a few days.
我從箱子中拿出幾十樣東西來,
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Well, it can mean losing your job,
把它們散在房間各處。
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losing your home,
接著我邀請一些人來
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jeopardizing your immigration status.
問我任何他們感興趣的問題。
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It may even mean losing custody of your children.
結果非常棒。
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A third of sexual victimization by jail staff
一個好故事帶出了更深刻的討論,
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happens in the first three days in jail,
在討論中,我的訪客 也在他們自己的人生
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and almost half of all jail deaths, including suicides,
做了有意義的連結。
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happen in that first week.
德瑞爾斯(奎爾斯)問我 一件倫納德佩爾提爾T恤的事。
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What's more, if you're held in jail on bail,
我在 1980 年代常穿它。
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you're four times more likely to get a jail sentence
令人感傷的是, 它與現今仍然有關聯性。
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than if you had been free,
我們的對話進展很快,
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and that jail sentence will be three times longer.
從美國監獄中大量的政治囚犯,
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And if you are black or Latino and cash bail has been set,
到德瑞爾斯好奇想了解
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you are two times more likely to remain stuck in that jail cell
1960 年代黑人的解放運動。
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than if you were white.
以及如果他在那時就已成年, 而非三十多年後,
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Jail in America is a terrifying, dehumanizing and violent experience.
他的人生會變什麼樣子。
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Now imagine for just one moment that it's you stuck in that jail cell,
在我們的談話尾聲,
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and you don't have the 500 dollars to get out.
德瑞爾斯問我能否把那件T恤給他。
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And someone comes along and offers you a way out.
我覺得把T恤給他是最完美的做法。
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"Just plead guilty," they say.
當這些對談建立起了共同點,
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"You can go home back to your job.
特別是跨世代的共同點,
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Just plead guilty.
我發現我打開了一個空間,
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You can kiss your kids goodnight tonight."
讓大家來談論 對他們而言重要的事情。
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So you do what anybody would do in that situation.
我開始發現我的生命又有意義了──
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You plead guilty whether you did it or not.
我不是個將要離世的老人,
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But now you have a criminal record
而是個有角色要扮演的人
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that's going to follow you for the rest of your life.
在向前邁進。
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Jailing people because they don't have enough money to pay bail
在我的成長過程,
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is one of the most unfair, immoral things we do as a society.
大部分人只活到七十幾歲。
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But it is also expensive and counterproductive.
現代人活得更久了,
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American taxpayers --
在人類史上第一次,
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they spend 14 billion dollars annually holding people in jail cells
四代同堂是常見的狀況。
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who haven't been convicted of anything.
我現在七十一歲,
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That's 40 million dollars a day.
若運氣不錯,
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What's perhaps more confounding is it doesn't make us any safer.
我還可以活二十或三十年。
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Research is clear that holding somebody in jail
現在就把我的東西送人,
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makes you significantly more likely to commit a crime when you get out
分享給我的朋友、 家人,希望也有陌生人,
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than if you had been free all along.
似乎是進入我人生 下個階段的完美方式。
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Freedom makes all the difference.
我發現這就是我一直在尋找的:
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Low-income communities
一個儀式,重點不是死亡,
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and communities of color have known that for generations.
而是打開一扇門
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Together, they have pooled their resources to buy their loved ones freedom
通往接下來會發生的事。
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for as long as bondage and jail cells existed.
謝謝。
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But the reach of the criminal legal system has grown too enormous,
(掌聲)
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and the numbers have just too large.
向前行!
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99 percent of jail growth in America has been the result --
(掌聲)
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over the last 20 years --
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of pre-trial incarceration.
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I have been a public defender for over half my life,
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and I have stood by and watched thousands of clients
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as they were dragged into those jail cells
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because they didn't have enough money to pay bail.
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I have watched as questions of justice were subsumed by questions of money,
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calling into question the legitimacy of the entire American legal system.
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I am here to say something simple --
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something obvious,
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but something urgent.
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Freedom makes all the difference,
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and freedom should be free.
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(Applause)
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But how are we going to make that happen?
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Well, that's the question I was wrestling with over a decade ago
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when I was sitting at a kitchen table with my husband, David,
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who is also a public defender.
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We were eating our Chinese takeout and venting about the injustice of it all
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when David looked up and said,
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"Why don't we just start a bail fund,
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and just start bailing our clients out of jail?"
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And in that unexpected moment,
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the idea for the Bronx Freedom Fund was born.
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Look, we didn't know what to expect.
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There were plenty of people that told us we were crazy
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and we were going to lose all of the money.
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People wouldn't come back because they didn't have any stake in it.
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But what if clients did come back?
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We knew that bail money comes back at the end of a criminal case,
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so it could come back into the fund,
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and we could use it over and over again for more and more bail.
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That was our big bet,
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and that bet paid off.
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Over the past 10 years,
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we have been paying bails for low-income residents of New York City,
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and what we have learned has exploded our ideas
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of why people come back to court
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and how the criminal legal system itself is operated.
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Turns out money isn't what makes people come back to court.
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We know this because when the Bronx Freedom Fund pays bail,
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96 percent of clients return for every court appearance,
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laying waste to the myth that it's money that mattered.
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It's powerful evidence that we don't need cash
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or ankle bracelets
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or unnecessary systems of surveillance and supervision.
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We simply need court reminders --
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simple court reminders about when to come back to court.
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Next, we learned that if you're held in jail on a misdemeanor,
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90 percent of people will plead guilty.
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But when the fund pays bail,
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over half the cases are dismissed.
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And in the entire history of the Bronx Freedom Fund,
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fewer than two percent of our clients have ever received a jail sentence
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of any kind.
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(Applause)
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Ramel, a week later --
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he was still on the boat, locked in that jail cell.
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He was on the cusp of losing everything,
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and he was about to plead guilty,
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and the Bronx Freedom Fund intervened and paid his bail.
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Now, reunited with his daughter,
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he was able to fight his case from outside.
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Look, it took some time --
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two years, to be exact --
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but at the end of that,
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his case was dismissed in its entirety.
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For Ramel --
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(Applause)
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For Ramel, the Bronx Freedom Fund was a lifeline,
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but for countless other Americans locked in jail cells,
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there is no freedom fund coming.
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It's time to do something about that.
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It's time to do something big.
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It's time to do something bold.
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It's time to do something, maybe, audacious?
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(Laughter)
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We want to take our proven, revolving bail-fund model
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that we built in the Bronx
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and spread it across America,
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attacking the front end of the legal system
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before incarceration begins.
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(Applause)
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(Cheers)
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(Applause)
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Here's the plan.
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(Applause)
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We're going to bail out as many people as we can
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as quickly as we can.
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Over the next five years,
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partnering with public defenders and local community organizations,
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we're going to set up 40 sites in high-need jurisdictions.
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The goal is to bail out 160,000 people.
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Our strategy leverages the fact
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that bail money comes back at the end of a case.
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Data from the Bronx
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shows that a dollar can be used two or three times a year,
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creating a massive force multiplier.
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So a dollar donated today can be used to pay bail for up to 15 people
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over the next five years.
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Our strategy also relies on the experience and the wisdom and the leadership
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of those who have experienced this injustice firsthand.
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(Applause)
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Each bail project site will be staffed by a team of bail disrupters.
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These are passionate, dedicated advocates from local communities,
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many of whom were formerly incarcerated themselves,
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who will pay bails and support clients
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while their cases are going through the legal system,
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providing them with whatever resources and support they may need.
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Our first two sites are up and running.
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One in Tulsa, Oklahoma,
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and one in St. Louis, Missouri.
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And Ramel?
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He's training right now to be a bail disrupter in Queens County, New York.
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(Applause)
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Our next three sites are ready to launch
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in Dallas, Detroit and Louisville, Kentucky.
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The Bail Project will attack the money bail system
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on an unprecedented scale.
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We will also listen, collect and elevate
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and honor the stories of our clients
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so that we can change hearts and minds,
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and we will collect critical, national data
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that we need so we can chart a better path forward
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so that we do not