Career criminals rack up nearly 500 arrests since NY bail reform began

Bail reform in NY IS NOT working.

This article captures the context of why some crime-fighting strategies work like broken windows, pulling levers, hot spots (persons).

Career criminals rack up nearly 500 arrests since NY bail reform began
— Read on nypost.com/2022/08/03/career-criminals-rack-up-nearly-500-arrests-since-ny-bail-reform-began/amp/

NYC Bail Trends Since 2019 : Office of the New York City Comptroller Brad Lander

Introduction The purpose of bail is to ensure that a person who is arrested returns to court for trial. However, in practice, the impact of bail has been to detain tens of thousands of New Yorkers, presumed innocent, before trial and cost low-income families tens of millions of dollars every…
— Read on comptroller.nyc.gov/reports/nyc-bail-trends-since-2019/

The Civil Rights Implications of Cash Bail

WASHINGTON – Today, the U.S. Commission on Civil Rights released the report, The Civil Rights Implications of Cash Bail which examines current approaches to reforming the pre-trial and bail systems in the U.S. criminal justice system. The report reveals that between 1970 and 2015, there was a 433% increase in the number of individuals who have been detained pre-trial, and pre-trial detainees represent a larger proportion of the total incarcerated population.

Among the report’s observations:

  • There were stark racial and gender disparities, with higher pre-trial detention rates and financial conditions of release imposed on Black and Latinx individuals, when compared with other demographic groups) and gender. Men are less likely than women to be granted non-financial release, for example, and face higher bail amounts.
  • More than 60% of defendants are detained pre-trial because they can’t afford to post bail.
  • The collateral consequences of pre-trial detention result in several negative consequences for detainees, including an increased likelihood of being convicted, an increased likelihood of housing insecurity, detrimental effects on employment, and an increased likelihood to engage in criminal conduct in the future.

“More than half-a-million unconvicted people sit in jails across the nation awaiting trial,” said Norma V. Cantú, Chair of the U.S. Commission on Civil Rights. “Presumption of innocence is the bedrock of our criminal justice system, with liberty the rule and pre-trial detention intended to be a ‘carefully limited exception,’”1 she observed. “Under the current bail system, it has become the norm.”

The Commission held a public virtual briefing on this subject in February 2021 to collect information from subject matter experts such as government officials, academics, legal experts, law enforcement officials, criminal justice advocates, and impacted persons. The Maryland, Oregon and Kentucky State Advisory Committees to the U.S. Commission on Civil Rights also collected and provided testimony on related civil rights issues in their respective jurisdictions.

See report HERE

Smash & Grab Retail

When police busted a shoplifting ring operating out of a liquor store last spring, they calculated that the dozen or so people involved had swiped at least $375,000 worth of goods from retailers such as Walmart, Lowe’s, and Walgreens. The pair heading the ring relied on small-time thieves, including several with drug arrest records, to launch brazen “grab-and-go” operations in which they snatched expensive goods and then raced out of stores and fled in cars with phony license plates. Though police and prosecutors often categorize shoplifting as a nonviolent crime, the gang’s sprees resulted in several physical confrontations, including one in which a gang member assaulted a store employee with a stun gun. This may sound similar to the organized smash-and-grab lootings that have plagued high-end retailers in San Francisco and other Northern California communities recently, but this gang was operating out of Daytona Beach, Florida—and had done so for nearly two years.
— Read on www.city-journal.org/smash-and-grab-retail

Report finds Tens of Thousands of New Yorkers Jailed Because of Unaffordable Bail | New York Civil Liberties Union

NEW YORK – The New York Civil Liberties Union released a report today on five years of bail data in eight small, medium and large upstate New York counties, which found tens of thousands of New Yorkers spent time in jail before trial because they could not make bail. The report, Presumed Innocent for a Price, draws from 2010-2014 data obtained through public records requests
— Read on www.nyclu.org/en/press-releases/report-finds-tens-thousands-new-yorkers-jailed-because-unaffordable-bail

Jail as Injunction

Jail as Injunction

Georgetown Law Journal, Vol. 107, 2019 Wake Forest Univ. Legal Studies Paper

This article discusses the impact that pretrial detention can have on a defendant and their family.  The argument here is that the defendant’s family should be considered when determining bail.

Social Ledger????

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3241408

Half a million people sit in jail every day in America who have not been convicted of a crime but stand merely accused. Detention can cost defendants their jobs, housing, or even custody of their children; detention makes defendants more likely to commit a crime and can harm them mentally and physically; it takes a toll on their families and communities too. Courts simply ignore these serious harms when deciding whether a defendant should lose her liberty because of a mere accusation of wrongdoing. In striking contrast to criminal cases where the government so often succeeds in obtaining before trial the relief that it ultimately seeks—incarceration of the defendant—civil plaintiffs attempting to obtain before judgment the relief that they ultimately seek—by way of a preliminary injunction—face quite a challenge.

Marsy’s Law-Giving victim’s a voice

In New Hampshire, the senate has overwhelmingly approved a constitutional amendment known as Marsy’s Law.

If it wins final approval from voters this fall, the amendment would enshrine a list of rights for crime victims into the state constitution. They include the right to be notified of when the accused is released on bail, the right to be heard at sentencing hearings, and the right to reasonable protection from the accused.

See the report HERE.