hopkinton-independent-logo2x
Hopkinton, MA
loader-image
Hopkinton, US
12:42 am, Wednesday, November 4, 2026
57°F
64 %
Wind Gust: 15 mph
Clouds: 40%
Sunrise: 6:22 am
Sunset: 4:36 pm

SIGN UP TODAY!
BREAKING NEWS & DAILY NEWSLETTER

Letter to the Editor: Mass. Bail Fund worthy of support

by | Aug 21, 2020 | Letter to Editor

I want to respond to the controversy that has arisen around the release of Shawn McClinton, who was recently charged with assaulting a woman after the Massachusetts Bail Fund posted his bail.

It is hard to look at a high bail amount and not think there must be a very good reason for it. It feels instinctual to believe that people are held on high bails because they must be dangerous, but this is patently not the law in Massachusetts. Bail’s sole purpose is to incentivize the accused person to come back to court as their case is processed. If a person doesn’t come back, they forfeit their money. That’s it.

Being held pretrial can be devastating, which is why the highest court in Massachusetts declared that unaffordable bails are unconstitutional. People lose their jobs, their housing, their children. Not because they are dangerous, but because they could not pay their fee. In overwhelming numbers, they come from historically marginalized communities who do not have a spare $5,000 to expend in an emergency.

It is tempting to say that we “aren’t talking about those people.” We’re talking about the $15,000 bail people and the people with prior criminal records. But when we talk about what the Bail Fund does, we are talking about those people. We’re talking about people who were only sitting in jail because they could not pay this purely administrative cost. If prosecutors request higher bails because they believe a person is dangerous, then they are using bail unlawfully. And when we talk about people’s “prior criminal records,” this cannot be divorced from our criminal justice system’s documented practices of over-policing and over-incarcerating poor communities and communities of color.

None of this excuses a violent act or diminishes a victim’s trauma, but it is disingenuous to crucify the Bail Fund and condemn the thousands of vulnerable families who literally rely on the Bail Fund for their lives and liberty.

The state is not helpless when it believes a person is dangerous. There’s a clear process to address this very thing, but it is not through bail. It’s called a dangerousness hearing. It is the prosecutor’s sole call whether to seek one, and it was not done in this case.

We have a criminal justice system that inflicts harm every day. While I grieve for the victim and her family, I stand with the Bail Fund’s values.

— Lindsay Kramer Custer, Somerville (former Hopkinton resident, and daughter of Bail Fund treasurer Muriel Kramer)

Editor’s note: The opinions and comments expressed in letters to the editor are those of the writers and not necessarily those of the Independent. Submissions should be no more than 400 words and must include the writer’s name and contact information for verification. Letters should be relevant and not primarily for the purpose of promoting an organization or event. Letters may be edited by the Independent staff for space, errors or clarification, and the Independent offers no guarantee that every letter will be published. For a schedule of deadlines for letters and other submissions for the print edition, click here.

0 Comments

Related Articles

Letter to the Editor: Kyriakides statue inspires

When I first moved to Hopkinton, my daily routine consisted of an exhausting bus ride home after a rough school day. Looking out the window, I almost always noticed a statue, what seemed like a runner being guided forward by another man. At first, it was just part...

Letter to the Editor: HHS seniors deserve DJ money

I am writing to express my strong disappointment regarding Select Board vice chair Matt Kizner’s opposition to allocating $2,000 toward a DJ for the Hopkinton High School senior class party. What makes this objection particularly frustrating is that these funds do...

Letter to the Editor: What is Town Meeting, and what should it be?

On Oct. 26, Hopkinton residents will gather for something remarkable: the opportunity to govern themselves directly. In towns like ours, voters can debate, amend and vote on local legislation — and introduce citizen petitions. But having a voice in government and...

Letter to the Editor: Fairness of tobacco regulation hearing questioned

Hopkinton Health Director Shaun McAuliffe told the Independent (“McAuliffe responds to convenience store lobby claims over tobacco regulations,” Oct. 9) that the town is “not colluding” with outside agencies on Nicotine-Free Generation, and that any claim the...

Letter to the Editor: Civil for Governor’s Council

Tamisha Civil, candidate for reelection to District 2 of the Governor’s Council, is in a competitive race. The Governor’s Council plays a vital role in checks and balances in vetting judges, approving governor appointees and overseeing pardons and commutations. A...

Key Storage 4.14.22