Why Do Violent Criminals Keep Getting Released?

In Chicago, Alfonso Talli—a seven-time felon—was placed on an ankle monitor over the prosecutor's objection. He cut it off, disappeared, and later killed a police officer. In Germany, an adult asylum seeker who robbed a 16-year-old and assaulted others received no prison time; his sentence was suspended and replaced with sensitivity training. In Sweden, a man who raped a 16-year-old got three years, and an appeals court refused deportation because the attack "did not last long enough to count." These are not isolated failures. They are, the host argues, the predictable result of a judicial system that has systematically abandoned its core responsibility.

The "Hands Tied" Excuse Doesn't Hold

A common defense of judges is that their hands are tied by legal procedure. In the US, pre-trial detention is supposed to be the exception, not the rule—judges can only hold someone awaiting trial if they are deemed a flight risk. Incompetency to stand trial adds further complications, especially when mental health facilities are full.