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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

  • The heavy, metal door slammed behind me,

    我是 1950 年代生長在

  • and I heard the key turn in the lock.

    美國的一個普通的中產階級白人。

  • The cement floor underneath me had a sticky film on it

    那意味著,七月四日看煙火,

  • that made a ripping sound,

    萬聖節玩「不請客就搗蛋」,

  • like tape being pulled off a box,

    以及聖誕節在聖誕樹下放禮物。

  • every time I moved my foot.

    但那些傳統到了我的年代時,

  • 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,

  • There was a small, square table bolted to the floor

    只讓我感到空虛。

  • and two metal chairs,

    所以,從年輕的時候,

  • one on either side.

    我就開始尋找填補 關於存在的空洞的方法,

  • That was the first time I understood viscerally --

    來與某種比我自己 更大的東西連結。

  • 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,

  • what incarceration might feel like.

    所以我想我要試試看──

  • And I promised myself all those years ago as a young, public defender

    (笑聲)

  • that I would never, ever forget that feeling.

    但在遇到拉比時,我整個人垮掉了。

  • And I never have.

    他的身材很高,外形像神, 有著豐厚的白髮,

  • 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,

  • as if it was my own.

    以便填表格。

  • Freedom.

    是的,如此而已。

  • A concept so fundamental to the American psyche

    (笑聲)

  • that it is enshrined in our constitution.

    我拿到了那隻鋼筆,

  • And yet, America is addicted to imprisonment.

    但我沒有得到

  • From slavery through mass incarceration,

    我所尋找的歸屬感和信心。

  • it always has been.

    多年後,

  • Look, we all know the shocking numbers.

    我無法忍受我的兒子就要十三歲了,

  • The United States incarcerates more people per capita

    卻沒有某種成人儀式。

  • 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。

  • 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

  • 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。

  • 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,

  • These mothers and fathers and sons and daughters

    他馬上選擇了加拉巴哥群島。

  • are there for one reason and one reason only:

    當我女兒凱蒂十三歲時,

  • 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,

  • And that price is called bail.

    在那裡,凱蒂第一次 了解到她很強大且勇敢。

  • 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,

  • The theory was simple:

    都帶孩子踏上十三歲生日之旅,

  • 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。

  • they would pay it --

    我的成長過程沒有飯前禱告。

  • it would give them an incentive to come back to court;

    但在過去二十年間,

  • it would give them some skin in the game.

    在每一餐之前我們都會牽起手。

  • Bail was never intended to be used as punishment.

    那是分享寂靜的美好時刻,

  • Bail was never intended to hold people in jail cells.

    讓我們在那當下結合在一起。

  • 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」,

  • one for the rich and one for everybody else.

    並聲明那不是宗教性質的。

  • But that is precisely what it has done.

    (笑聲)

  • 75 percent of people in American local jails

    最近我家人拜託我

  • are there because they cannot pay bail.

    把我一生所收集 超過兩百五十箱的東西

  • People like Ramel.

    處理一下時,

  • On a chilly October afternoon,

    我的「舉行儀式」衝動開始運作了。

  • 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」。

  • 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

  • He was stopped by the police.

    你的衣廚、地下室及閣樓。

  • And when he demanded to know why he was being stopped,

    你的孩子以後就不用做這些。

  • an argument ensued, and the next thing he knew,

    (笑聲)

  • he was on the ground in handcuffs,

    我想像我的孩子 把箱子一箱一箱打開,

  • being charged with "riding your bicycle on the sidewalk

    納悶我為什麼要留這些東西。

  • and resisting arrest."

    (笑聲)

  • He was taken to court,

    接著,我想像他們看著一張

  • where a judge set 500 dollars bail.

    我和一位美麗女子的照片,

  • But Ramel -- he didn't have 500 dollars.

    問:「和老爸在一起的 這個人到底是誰?」

  • So this 32-year-old father was sent to "The Boat" --

    (笑聲)

  • a floating jail barge that sits on the East River

    那是頓悟時刻。

  • between a sewage plant and a fish market.

    並非我保留的東西很重要,

  • That's right, you heard me.

    而是它們伴隨的故事所賦予的意義。

  • In New York City, in 2018,

    用物品來說故事,

  • 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?

  • and houses primarily black and brown men

    一個生命過程的儀式── 但不是為十三歲,

  • who cannot pay their bail.

    而是為了我們更老的時候 要舉行的儀式。

  • Let's talk for a moment

    我開始做實驗。

  • 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,

  • Well, it can mean losing your job,

    把它們散在房間各處。

  • losing your home,

    接著我邀請一些人來

  • jeopardizing your immigration status.

    問我任何他們感興趣的問題。

  • It may even mean losing custody of your children.

    結果非常棒。

  • A third of sexual victimization by jail staff

    一個好故事帶出了更深刻的討論,

  • 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

  • and almost half of all jail deaths, including suicides,

    做了有意義的連結。

  • 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。

  • What's more, if you're held in jail on bail,

    我在 1980 年代常穿它。

  • 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。

  • than if you had been free,

    我們的對話進展很快,

  • and that jail sentence will be three times longer.

    從美國監獄中大量的政治囚犯,

  • And if you are black or Latino and cash bail has been set,

    到德瑞爾斯好奇想了解

  • you are two times more likely to remain stuck in that jail cell

    1960 年代黑人的解放運動。

  • than if you were white.

    以及如果他在那時就已成年, 而非三十多年後,

  • Jail in America is a terrifying, dehumanizing and violent experience.

    他的人生會變什麼樣子。

  • Now imagine for just one moment that it's you stuck in that jail cell,

    在我們的談話尾聲,

  • 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。

  • 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。

  • "Just plead guilty," they say.

    當這些對談建立起了共同點,

  • "You can go home back to your job.

    特別是跨世代的共同點,

  • Just plead guilty.

    我發現我打開了一個空間,

  • You can kiss your kids goodnight tonight."

    讓大家來談論 對他們而言重要的事情。

  • So you do what anybody would do in that situation.

    我開始發現我的生命又有意義了──

  • You plead guilty whether you did it or not.

    我不是個將要離世的老人,

  • But now you have a criminal record

    而是個有角色要扮演的人

  • that's going to follow you for the rest of your life.

    在向前邁進。

  • Jailing people because they don't have enough money to pay bail

    在我的成長過程,

  • is one of the most unfair, immoral things we do as a society.

    大部分人只活到七十幾歲。

  • But it is also expensive and counterproductive.

    現代人活得更久了,

  • American taxpayers --

    在人類史上第一次,

  • they spend 14 billion dollars annually holding people in jail cells

    四代同堂是常見的狀況。

  • who haven't been convicted of anything.

    我現在七十一歲,

  • That's 40 million dollars a day.

    若運氣不錯,

  • What's perhaps more confounding is it doesn't make us any safer.

    我還可以活二十或三十年。

  • Research is clear that holding somebody in jail

    現在就把我的東西送人,

  • 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,

  • 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。

  • Freedom makes all the difference.

    我發現這就是我一直在尋找的:

  • Low-income communities

    一個儀式,重點不是死亡,

  • and communities of color have known that for generations.

    而是打開一扇門

  • Together, they have pooled their resources to buy their loved ones freedom

    通往接下來會發生的事。

  • for as long as bondage and jail cells existed.

    謝謝。

  • But the reach of the criminal legal system has grown too enormous,

    (掌聲)

  • and the numbers have just too large.

    向前行!

  • 99 percent of jail growth in America has been the result --

    (掌聲)

  • over the last 20 years --

  • of pre-trial incarceration.

  • I have been a public defender for over half my life,

  • and I have stood by and watched thousands of clients

  • as they were dragged into those jail cells

  • because they didn't have enough money to pay bail.

  • I have watched as questions of justice were subsumed by questions of money,

  • calling into question the legitimacy of the entire American legal system.

  • I am here to say something simple --

  • something obvious,

  • but something urgent.

  • Freedom makes all the difference,

  • and freedom should be free.

  • (Applause)

  • But how are we going to make that happen?

  • Well, that's the question I was wrestling with over a decade ago

  • when I was sitting at a kitchen table with my husband, David,

  • who is also a public defender.

  • We were eating our Chinese takeout and venting about the injustice of it all

  • when David looked up and said,

  • "Why don't we just start a bail fund,

  • and just start bailing our clients out of jail?"

  • And in that unexpected moment,

  • the idea for the Bronx Freedom Fund was born.

  • Look, we didn't know what to expect.

  • There were plenty of people that told us we were crazy

  • and we were going to lose all of the money.

  • People wouldn't come back because they didn't have any stake in it.

  • But what if clients did come back?

  • We knew that bail money comes back at the end of a criminal case,

  • so it could come back into the fund,

  • and we could use it over and over again for more and more bail.

  • That was our big bet,

  • and that bet paid off.

  • Over the past 10 years,

  • we have been paying bails for low-income residents of New York City,

  • and what we have learned has exploded our ideas

  • of why people come back to court

  • and how the criminal legal system itself is operated.

  • Turns out money isn't what makes people come back to court.

  • We know this because when the Bronx Freedom Fund pays bail,

  • 96 percent of clients return for every court appearance,

  • laying waste to the myth that it's money that mattered.

  • It's powerful evidence that we don't need cash

  • or ankle bracelets

  • or unnecessary systems of surveillance and supervision.

  • We simply need court reminders --

  • simple court reminders about when to come back to court.

  • Next, we learned that if you're held in jail on a misdemeanor,

  • 90 percent of people will plead guilty.

  • But when the fund pays bail,

  • over half the cases are dismissed.

  • And in the entire history of the Bronx Freedom Fund,

  • fewer than two percent of our clients have ever received a jail sentence

  • of any kind.

  • (Applause)

  • Ramel, a week later --

  • he was still on the boat, locked in that jail cell.

  • He was on the cusp of losing everything,

  • and he was about to plead guilty,

  • and the Bronx Freedom Fund intervened and paid his bail.

  • Now, reunited with his daughter,

  • he was able to fight his case from outside.

  • Look, it took some time --

  • two years, to be exact --

  • but at the end of that,

  • his case was dismissed in its entirety.

  • For Ramel --

  • (Applause)

  • For Ramel, the Bronx Freedom Fund was a lifeline,

  • but for countless other Americans locked in jail cells,

  • there is no freedom fund coming.

  • It's time to do something about that.

  • It's time to do something big.

  • It's time to do something bold.

  • It's time to do something, maybe, audacious?

  • (Laughter)

  • We want to take our proven, revolving bail-fund model

  • that we built in the Bronx

  • and spread it across America,

  • attacking the front end of the legal system

  • before incarceration begins.

  • (Applause)

  • (Cheers)

  • (Applause)

  • Here's the plan.

  • (Applause)

  • We're going to bail out as many people as we can

  • as quickly as we can.

  • Over the next five years,

  • partnering with public defenders and local community organizations,

  • we're going to set up 40 sites in high-need jurisdictions.

  • The goal is to bail out 160,000 people.

  • Our strategy leverages the fact

  • that bail money comes back at the end of a case.

  • Data from the Bronx

  • shows that a dollar can be used two or three times a year,

  • creating a massive force multiplier.

  • So a dollar donated today can be used to pay bail for up to 15 people

  • over the next five years.

  • Our strategy also relies on the experience and the wisdom and the leadership

  • of those who have experienced this injustice firsthand.

  • (Applause)

  • Each bail project site will be staffed by a team of bail disrupters.

  • These are passionate, dedicated advocates from local communities,

  • many of whom were formerly incarcerated themselves,

  • who will pay bails and support clients

  • while their cases are going through the legal system,

  • providing them with whatever resources and support they may need.

  • Our first two sites are up and running.

  • One in Tulsa, Oklahoma,

  • and one in St. Louis, Missouri.

  • And Ramel?

  • He's training right now to be a bail disrupter in Queens County, New York.

  • (Applause)

  • Our next three sites are ready to launch

  • in Dallas, Detroit and Louisville, Kentucky.

  • The Bail Project will attack the money bail system

  • on an unprecedented scale.

  • We will also listen, collect and elevate

  • and honor the stories of our clients

  • so that we can change hearts and minds,

  • and we will collect critical, national data

  • that we need so we can chart a better path forward

  • so that we do not