Why might suburban leaders head up legal challenge to IL law ending cash bail?

A lawsuit led by suburban officials challenges a new Illinois law in court:

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When more than half of Illinois’ state’s attorneys go to court in Kankakee County next month in a last-ditch effort to block the controversial SAFE-T Act, the proceedings will have a distinctly suburban flavor.

The offices of McHenry County State’s Attorney Patrick Kenneally and Will County State’s Attorney James Glasgow have been chosen to serve as lead counsel in a lawsuit they and 61 of their peers have filed seeking to have the massive criminal justice reform bill ruled unconstitutional…

The state’s attorneys argue that violates several parts of the state constitution, including the Separation of Powers Clause by stripping judges of their full authority to detain defendants, set monetary bail and revoke bail. They also argue that a portion of the Act that gives police discretion to release defendants without bail on low-level offenses unlawfully takes that authority away from the courts…

The state’s attorneys argue that violates several parts of the state constitution, including the Separation of Powers Clause by stripping judges of their full authority to detain defendants, set monetary bail and revoke bail. They also argue that a portion of the Act that gives police discretion to release defendants without bail on low-level offenses unlawfully takes that authority away from the courts.

Suburban counties are not the only ones party to this lawsuit, but is it meaningful that they are leading the effort? A few general patterns scholars might point to:

  1. The image and ideology of suburbs suggests they are safe places relatively free of crime.
  2. Where does crime happen? It is viewed as a problem of cities and urban centers.
  3. The first two points are connected to long-term suburban patterns of exclusion by race/ethnicity and social class. Who commits crime? Not the typical suburbanite.
  4. Suburbs have a long history of fear of crime. And they act regularly in their suburban communities regarding crime, ranging from creating gated communities to supporting police efforts to choices about development and amenities.
  5. A suburban fear of crime is linked to particular political patterns and activity, including Nixon and the Republican Party’s “Southern strategy” to then-President Trump’s 2020 claim that the suburbs are under threat.

Put these factors together and suburban leadership on this issue may be no surprise.

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