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Give the New Bail Reform Law Time to Work Give the New Bail Reform Law Time to Work
(1 day later)
It just so happens that a campaign to roll back New York’s landmark bail reforms is unfolding as Michael Bloomberg’s presidential run forces a reckoning with stop-and-frisk, the policing tactic that led to the harassment and humiliation of millions of innocent people, most of them black and Hispanic boys and men, while Mr. Bloomberg was mayor of New York City.It just so happens that a campaign to roll back New York’s landmark bail reforms is unfolding as Michael Bloomberg’s presidential run forces a reckoning with stop-and-frisk, the policing tactic that led to the harassment and humiliation of millions of innocent people, most of them black and Hispanic boys and men, while Mr. Bloomberg was mayor of New York City.
Police officials and prosecutors made arguments about stop-and-frisk that sound familiar in the current conversation about bail reform.Police officials and prosecutors made arguments about stop-and-frisk that sound familiar in the current conversation about bail reform.
For over a decade, these officials assured Mr. Bloomberg and the public that the enormous human cost of stop-and-frisk was worth it, because the practice reduced crime and saved lives.For over a decade, these officials assured Mr. Bloomberg and the public that the enormous human cost of stop-and-frisk was worth it, because the practice reduced crime and saved lives.
They were wrong. When stops finally plummeted — first amid Bloomberg-era legal battles and later under Mayor Bill de Blasio — crime rates in the city actually fell.They were wrong. When stops finally plummeted — first amid Bloomberg-era legal battles and later under Mayor Bill de Blasio — crime rates in the city actually fell.
Now, law enforcement officials are again making arguments against reforms based largely on anecdotal evidence, and they are being given the same benefit of the doubt.Now, law enforcement officials are again making arguments against reforms based largely on anecdotal evidence, and they are being given the same benefit of the doubt.
It has been less than seven weeks since landmark criminal justice reforms went into effect statewide banning bail for defendants charged with most misdemeanor and nonviolent offenses.It has been less than seven weeks since landmark criminal justice reforms went into effect statewide banning bail for defendants charged with most misdemeanor and nonviolent offenses.
But already, prosecutors, police officials and others are cherry-picking cases and crime data to make a case for rolling back some of the reforms. “Violent criminals are being returned to the community and will know the names of their accusers and where to find them,” New York City Police Commissioner Dermot Shea wrote in a January Times Op-Ed, lobbying for changes to the law. (A spokesman for Commissioner Shea said that he does support many of the reforms.) But already, prosecutors, police officials and others are cherry-picking cases and crime data to make a case for rolling back some of the reforms. “Violent criminals are being returned to the community and will know the names of their accusers and where to find them,” the police commissioner, Dermot Shea, wrote in a Times Op-Ed on Jan. 23, lobbying for changes to the law. (A spokesman for Commissioner Shea said that he does support many of the reforms.)
It looks as if opponents of the reforms may get their way, at least in part. The Senate majority leader, Andrea Stewart-Cousins, under pressure to protect Democratic members in swing districts this November, has floated changes to the new law.It looks as if opponents of the reforms may get their way, at least in part. The Senate majority leader, Andrea Stewart-Cousins, under pressure to protect Democratic members in swing districts this November, has floated changes to the new law.
Those changes include eliminating cash bail altogether, but giving judges more discretion to jail defendants they deem to be flight risks or defendants with problematic criminal histories. Even before the reforms, New York law didn’t allow judges to consider dangerousness when setting bail. Criminal justice experts have said doing so exacerbates racial disparities in the system.Those changes include eliminating cash bail altogether, but giving judges more discretion to jail defendants they deem to be flight risks or defendants with problematic criminal histories. Even before the reforms, New York law didn’t allow judges to consider dangerousness when setting bail. Criminal justice experts have said doing so exacerbates racial disparities in the system.
The history of cash bail shows why New Yorkers have reason to be cautious about giving such latitude to judges. For decades in New York, judges routinely used their discretion to set bail that poor people could not pay. As NY1’s Errol Louis noted recently, that’s how the state ended up with so many low-level offenders behind bars pretrial in the first place, like the notorious case of Kalief Browder, who spent three years at Rikers Island after being accused of stealing a backpack. In 2017, the city’s Independent Budget Office estimated that 72 percent of those incarcerated in the city pretrial were behind bars solely because they could not afford to post bail at their arraignments. The history of cash bail shows why New Yorkers have reason to be cautious about giving such latitude to judges. For decades in New York, judges routinely used their discretion to set bail that poor people could not pay. As NY1’s Errol Louis noted recently, that’s how the state ended up with so many people charged with low-level offenses behind bars before trial in the first place. In 2017, the city’s Independent Budget Office estimated that 72 percent of those incarcerated in the city pretrial were behind bars solely because they could not afford to post bail at their arraignments.
What’s really needed is a focused campaign by prosecutors, police and others worried about crime to strengthen and increase funding for the state’s mental health system. City officials estimate that roughly 40 percent of the individuals jailed at Rikers Island struggle with mental illness, so it’s likely that many of the people accused of committing low-level offenses in New York need help, not punishment. What’s really needed is a focused campaign by prosecutors, the police and others worried about crime to strengthen and increase funding for the state’s mental health system. City officials estimate that roughly 40 percent of the individuals jailed at Rikers Island struggle with mental illness, so it’s likely that many of the people accused of committing low-level offenses in New York need help, not punishment.
Rolling back the reforms would be a mistake. It’s possible that the law would benefit from small changes, but those ought to stem from substantial data analysis, not from the bullying of elected officials by the state’s law enforcement lobby.Rolling back the reforms would be a mistake. It’s possible that the law would benefit from small changes, but those ought to stem from substantial data analysis, not from the bullying of elected officials by the state’s law enforcement lobby.
Commissioner Shea and other opponents of the reforms argue that an uptick in crime in recent weeks is proof that the reforms are a danger to the public. But policing experts, including N.Y.P.D. analysts, have contended for years that crime trends should be studied over long periods of time. Dips and spikes in crime can be attributed to many causes, including the weather. This is especially true when the actual number of crimes is small, as is the case in New York City today. Commissioner Shea and others who oppose many of the reforms argue that an uptick in crime in recent weeks is proof that the changes are a danger to the public. But policing experts, including New York Police Department analysts, have contended for years that crime trends should be studied over long periods of time. Dips and spikes in crime can be attributed to many causes, including the weather. This is especially true when the actual number of crimes is small, as is the case in New York City today.
These reforms were enacted by a Legislature and governor elected by New York voters, who in 2018 delivered Democrats a clear majority in the State Senate for the first time in years.These reforms were enacted by a Legislature and governor elected by New York voters, who in 2018 delivered Democrats a clear majority in the State Senate for the first time in years.
If prosecutors, police or others believe the law is causing public harm, it is their job to make a reasoned case. Instead, too many have resorted, once again, to whipping up fear over crime to defend policies that lead to over-policing and incarceration. If prosecutors, the police or others believe that the law is causing public harm, it is their job to make a reasoned case. Instead, too many have resorted, once again, to whipping up fear over crime to defend policies that lead to over-policing and incarceration.
Regularly missing from their lectures about public safety is any significant recognition of the ways these policies have harmed the safety and dignity of black and Hispanic people in New York.Regularly missing from their lectures about public safety is any significant recognition of the ways these policies have harmed the safety and dignity of black and Hispanic people in New York.
The police department went largely unchecked by Mr. Bloomberg. Mayors like David Dinkins and Mr. de Blasio who tried to hold the department accountable in basic ways were made to pay a terrible political price. The Police Department went largely unchecked by Mr. Bloomberg. Mayors like David Dinkins and Mr. de Blasio who tried to hold the department accountable in basic ways were made to pay a terrible political price.
It’s no wonder that Ed Mullins, the president of the Sergeants Benevolent Association, a New York police union, felt so comfortable declaring war — his words — on Mr. de Blasio on Feb. 9. Then he scurried to the White House for a meeting with President Trump. “The Trump administration is very aware of the plight of police officers in NYC and is closely monitoring the situation. @realDonaldTrump has our backs!” he tweeted this week.It’s no wonder that Ed Mullins, the president of the Sergeants Benevolent Association, a New York police union, felt so comfortable declaring war — his words — on Mr. de Blasio on Feb. 9. Then he scurried to the White House for a meeting with President Trump. “The Trump administration is very aware of the plight of police officers in NYC and is closely monitoring the situation. @realDonaldTrump has our backs!” he tweeted this week.
In this context, the campaign against the bail reforms seems less about public safety than it does about power, designed to make clear that law enforcement remains an untouchable political force in New York politics. In this context, the campaign against the bail reforms seems less about public safety than it does about power, devised to make clear that law enforcement remains an untouchable political force in New York politics.
The state’s elected officials should not allow themselves to be bullied. They should defend the law, and stand by their commitments to the voters.The state’s elected officials should not allow themselves to be bullied. They should defend the law, and stand by their commitments to the voters.
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