Last week, I blogged in support of reviving private criminal prosecutions. The state’s monopoly on bringing criminal charges arose late historically and prosecutors have often failed to show victims the responsiveness they deserve. My piece quickly met with pushback, especially from libertarians concerned about expanding the criminal legal system’s overreach and coercion using the guise of victims’ rights. I write again to offer a clarification, a qualification, and a challenge.
— Read on www.cato.org/blog/victims-rights-private-prosecutors-responding-critics
Tag: Prosecutor
Borough Contrast: Prosecution and Court Outcomes Across New York City, 2021-2024
“Borough Contrast: Prosecution and Court Outcomes Across New York City, 2021-2024,” analyzes how criminal legal outcomes vary across the five boroughs during the post-pandemic period (pp. 1, 4).
Below are the key highlights and trends identified in the study:
1. Sharp Rise in Low-Level Arrests
Citywide arrests surged by 62% from 2021 to 2024 (pp. 9, 14). This was driven largely by low-level offenses:
- Fare Evasion: Increased more than elevenfold (900 to 10,125 arrests) (p. 4).
- Other Charges: Drug, trespass, and petit larceny arrests all approximately doubled citywide (pp. 4, 13).
- Borough Leaders: Brooklyn saw the largest increase in misdemeanor (+88%) and nonviolent felony (+73%) arrests, while the Bronx saw the highest spike in violent felony arrests (+49%) (pp. 4, 13).
2. Disparate Prosecution Decisions
Whether a case is prosecuted depends heavily on the borough (pp. 6, 23):
- The Bronx: Consistently held the highest “declination” rate (refusal to prosecute), declining 40% of misdemeanors and 25% of violent felonies in 2024 (pp. 5, 22-23).
- Manhattan: Saw a massive shift under DA Alvin Bragg, with misdemeanor declinations rising from 6% in 2021 to 31% in 2024 (pp. 5, 22).
- Other Boroughs: Queens, Brooklyn, and Staten Island declined significantly fewer cases, with Queens declining only 6% of misdemeanors in 2024 (pp. 5, 22).
3. Pretrial Release & Bail
The study found significant differences in how judges handle cases at arraignment (pp. 6, 31):
- Bail Setting: Queens and Manhattan had the highest bail-setting rates for felonies (pp. 6, 31). In 2024, Manhattan judges set bail/remand in 53% of violent felony cases (p. 31).
- Ability to Pay: By 2024, bail payment rates at arraignment were exceptionally low (4–6% for misdemeanors), meaning a bail order almost always resulted in immediate incarceration (pp. 6, 36).
- Supervised Release: Judges citywide increasingly relied on supervised release over “Release on Recognizance” (ROR) for misdemeanors and nonviolent felonies (p. 33).
4. Convictions and Sentencing
- Conviction Rates: Criminal convictions remain rare for misdemeanors (only 5% citywide in 2024) (pp. 7, 38). However, for indicted felonies, conviction rates were high, reaching 95% for violent felonies in Staten Island (pp. 7, 39).
- Prison Sentences: There was wide variability in prison time for felonies. In 2024, 34% of convicted felony cases in Manhattan resulted in state prison sentences, compared to only 12% in Queens (pp. 7, 42).
- Demographic Disparity: Even after controlling for charge and history, Black and Hispanic individuals were significantly more likely than white individuals to be sentenced to prison (p. 43).
Access the article webpage HERE
Ger a .PDF copy of the article HERE
INVESTIGATION: 70% of Shreveport’s accused killers have prior arrest records | Louisiana |
(The Center Square) – The killers struck just before 4 a.m., spraying a family’s apartment unit with bullets. For two men facing murder charges, their criminal careers on the streets
— Read on www.thecentersquare.com/louisiana/article_f68799d4-75b4-4f59-b2b7-20450245aa88.html
Who we are the conservative legal movement
Check out this Manhattan Institute podcast 
https://x.com/manhattaninst/status/2011533036853379299?s=46&t=pnFCAvW4m87g9E_pIRkSKg
“Brady Lists” by Rachel Moran
Interesting article on “Brady Lists” by Rachel Moran
INTRODUCTION
Brady lists, named after the Supreme Court decision Brady v. Maryland, are lists some prosecutors maintain of law enforcement officers with histories of misconduct that could impact the officers’ credibility in criminal cases. Brady and its progeny require prosecutors to disclose exculpatory evidence within the government’s possession or control to defendants in criminal cases. This includes evidence that could impeach a witness’s credibility. Evidence that a police officer involved in a criminal case has, for example, previously written a false police report, lied in court, or used racial slurs during an arrest may be exculpatory because it casts doubt on the officer’s truthfulness, credibility, and impartiality. Brady lists originated from this disclosure obligation: the lists ostensibly allow prosecutors to keep track of, and disclose to defense counsel when necessary, information that negatively impacts officers’ credibility.
Access the full article HERE
Dozens of felony cases crumble in DOJ push to punish protesters | AP News
The Justice Department has embarked on a monthslong effort to prosecute people accused of assaulting federal officers during protests of President Donald Trump’s immigration policies.
— Read on apnews.com/article/ice-immigration-protests-prosecutions-doj-arrests-591f155d50c13756842e033ea23f16d3
Federal Justice Statistics Program Data Series
Federal Justice Statistics Program Data Series
— Read on www.icpsr.umich.edu/web/NACJD/series/73
With Alvin Bragg’s re-election under a Mayor Mamdani, ‘justice’ in NYC is about to get worse
While Mayor-elect Zohran Mamdani has gotten the lion’s share of the media attention these last several weeks, Manhattan District Attorney Alvin Bragg quietly sailed through his reelection bid, securing more than 70% of the vote.
— Read on nypost.com/2025/11/05/opinion/with-alvin-braggs-re-election-under-a-mayor-mamdani-justice-in-nyc-is-about-to-get-worse/
NYS 2025 Discovery Law
NYS CPL 245:
— Read on www.nysenate.gov/legislation/laws/CPL/A245
Why Won’t Lawmakers Fix New York’s Catastrophic Discovery Reform?
Governor Kathy Hochul’s proposal is marooned in budget negotiations.
— Read on www.city-journal.org/article/new-york-governor-kathy-hochul-discovery-reform-budget