Criminal Justice

Why New York should eliminate cash bail for smaller crimes | CSNY

Why New York should eliminate cash bail for smaller crimes | CSNY

Money should not be the determining factor for someone’s freedom. That’s why our bail bill carefully balances public safety concerns with the need for fairness and justice, and protects the presumption of innocence.

The bill eliminates cash bail for all nonviolent felonies and almost all misdemeanors. Instead of setting cash bail, judges would have the authority to release people with non-monetary conditions, such as having someone check in with pretrial services agencies.

It levels the playing field by eliminating the shameful practice of imprisoning persons simply because they are too poor to pay their way out of jail. This change will go a long way towards advancing equal justice and making pretrial release the norm and pretrial detention the exception.

The Trouble with Crime Statistics | The New Yorker

The Trouble with Crime Statistics | The New Yorker

The first problem with understanding crime is that measuring it is harder than it sounds. The Department of Justice approaches the problem in two ways. The F.B.I.’s Uniform Crime Reporting Program, or U.C.R., solicits data from about twenty thousand law-enforcement agencies around the country. Simultaneously, the Bureau of Justice Statistics’ National Crime Victimization Survey, or N.C.V.S., interviews about a hundred and fifty thousand nationally representative citizens, asking them whether they have been victims of a crime.

Both datasets have problems. An obvious one is that there’s no consensus about what counts as criminal activity. In some jurisdictions, only offenses worthy of incarceration are considered crimes. In others, fined infractions also count. (Is speeding a crime? What about manspreading, for which one can be fined seventy-five dollars in Los Angeles?) Because the U.C.R. draws its data from investigators, and the N.C.V.S. relies on victims, they can present starkly different pictures of crime. According to the U.C.R., the incidence of rape nearly doubled from 1973 to 1990. The N.C.V.S., by contrast, shows that it declined by around forty per cent during the same period. Researchers at Vanderbilt University looked into the discrepancy; they found that the upward trend in the U.C.R. data correlated with upticks in the number of female police officers, and with the advent of rape crisis centers and reformed investigative styles. It could be, in short, that a modernized approach to the policing of rape drastically increased the frequency with which it was reported while reducing its incidence. But coherent stories like these only sometimes emerge from the conflicting data.

Don’t Roll Back Bail Law

Sanders, Warren: Don’t Roll Back Bail Law

The two leading progressive candidates for the Democratic presidential nomination on Wednesday pushed back publicly against efforts to alter New York's new bail law.

Sens. Bernie Sanders and Elizabeth Warren posted to Twitter that it would be a mistake to roll back the law, which ended cash bail for misdemeanor and non-violent felony charges.

"Cash bail is an unreasonably punitive and financially burdensome system that disproportionately victimizes Black and Brown communities," Warren wrote. "Rolling back these reforms would blatantly disregard the voices of New Yorkers who voted to end it."

Sanders pledged to enact a national cashless bail law as president.