Gravlen wrote:Rojava Free State wrote:
Bail should be decided on an individual basis and a violent criminal shouldn't be getting it. Seriously if you let a violent offender out on bail, they're gonna go kick someone's ass. I'm all for criminal justice reform but there's reform and then there's being a dickhead. Let the guys outta prison who are there on non violent drug offenses, not the people who actually did some serious shit.
This is another thing I'm not fond of about de blasio, despite also not liking the NYPD
So... like under the new bail law?Under the new bail law, prosecutors can only ask for bail or pretrial detention in certain felony cases – including almost all violent felonies – and a handful of misdemeanor charges. Nearly all Class A felonies – the most serious category of crime, including murder, first-degree arson and first-degree kidnapping – are still eligible for bail or pretrial detention. So are the vast majority of felony sex offenses. Witness tampering and witness intimidation also fall under that category, as do terrorism and terrorism-related charges.
Most other misdemeanors, nonviolent felonies and a couple categories of violent felonies now lead to someone being automatically released.
So which violent felonies are excluded?The two “violent felonies” that lead to an automatic release are second-degree burglary and second-degree robbery, but only in very specific instances. For the burglary charge, the automatic release only occurs if the building that the defendant is accused of breaking into is a “dwelling.” In other words, if someone is unarmed, does not threaten anyone and does not harm anyone when breaking into a home, that person will now be automatically released. Similarly, someone accused of second-degree robbery can only be released if that person is helped by a second person, but neither caused physical harm or displayed a weapon.
What to know about the state’s new bail reform law
Actually, it's not accurate to say it's like the new law, because even under the old law, judges could not "directly consider the danger someone might pose to the community or other individuals when setting bail or determining whether someone should be held in jail before trial", only whether someone who had been charged with a crime were likely to return for their court dates.In addition, the law has not changed what judges are permitted to consider in setting bail. Unlike almost all other states, judges in New York are not permitted to detain people due to concerns that they will pose a danger to the community if released. This part of the legislation is consistent with longstanding law in New York, which has prohibited the consideration of dangerousness in setting bail since 1971 in order to ensure that those charged with crimes are afforded the presumption of innocence.
https://www.brennancenter.org/our-work/analysis-opinion/new-yorks-upcoming-bail-reform-changes-explained
Brennan is not unbiased, and this is an option piece. quite a few folks are being released who shouldn't be. Another opinion piece from. NJ. Where they seem to have gotten bail reform right.
https://www.nj.com/opinion/2020/01/porr ... swers.html
I am not going to argue bail reform was not needed. Honestly it was, but the states solution is nuts