Alvin Bragg the Manhattan DA is not the first DA to make a policy manifesto on how their office will run. His is one of the most resent. Bragg is part of a Progressive Prosecutor movement that is moving through some of the most crime ridden cities. Manhattan joins Philadelphia, Baltimore, Chicago, Seattle, and Los Angeles with their progressive movement.
District Attorneys are supposed to be the leading “Law Enforcement Official” in their County. That would put them in the Executive Branch of government. Prosecutors enforce the law they don’t interpret the law and they don’t create the law. If Prosecutors want to change the law there is a process for doing so, it isn’t by improperly charging crimes that are robbery (with a weapon) as simple petit larceny. As a Prosecutor if you don’t like the fact that when someone robs another person by displaying a gun (§ 160.10(2b)) and can get sentenced up to 15 years in jail. It’s not the Prosecutors choice to establish the penalty for the crime, the legislators did that. Again there is a process to change the severity of the penalty through petitioning the legislator, it is not by artificially improperly charging a serious felony robbery to a petit larceny.
For the record petit larceny is a theft of $1 to under $1000 and is a misdemeanor with a penalty of up to 1 year in jail. This compared to a robbery where a the offender brought a gun to aid in the completion of the robbery with a threat of harm if you don’t give up the money. Crazy.
Mare sure to check out DA Bragg’s Police Memo there is much more than what was covered here so far.
See DA Bragg’s Police Memo HERE
Concerns with DA Bragg’s Policy Memo
The Commissioner of NYPD has issue with the policies of the Manhattan DA.
The Union for NYPD also see issue with the DA’s policy. See HERE
Here is a link to the New York Constitution and the role and function of District Attorneys in New York – access it HERE
2 Articles from the Manhattan Institute
Looking Beyond Day One
Three steps to minimize the impact of the new Manhattan DA’s soft-on-crime policies.
How Much Leniency with Criminals Can We Afford?
Progressive prosecutors claim that a soft-on-crime approach will make us safer, but the evidence tells a different story.