The New York City's Manhattan District Attorney, Alvin Bragg, a former Top Deputy to New York's Attorney General, and the First Black District Attorney, released a Memo detailing New Charging, Bail, Plea, and Sentencing Policies, that he said he believes, will make the City, Safer and the Criminal Justice system more Fair, yet the plan faces Criticism from Police Union Leaders, and the New Police Chief.
Among the Crimes Bragg said his Office would Not Prosecute: Marijuana misdemeanors, including Selling more than Three ounces; Not paying Public Transportation fare; Trespassing except a Fourth degree Stalking charge; Resisting Arrest; Obstructing Governmental Administration in certain Cases; and Prostitution.
Misdemeanor Offenses that are Legally required to be given a "desk appearance ticket" will be offered Diversion or Community-based Programs intended to help an Offender, the Memo said. The Office may also Decline to Prosecute the Offense.
Bragg wants to "reserve pretrial detention for very serious cases," according to the Memo, and he intends to Limit Underage Defendants in Adult Courts. Bragg also outlined a Policy to request Partially or Unsecured Bond in the same amount as Cash Bail requests.
"Safety is paramount. New Yorkers deserve to be safe from crime and safe from the dangers posed by mass incarceration. We will be tough when we need to be, but we will not be seeking to destroy lives through unnecessary incarceration," Bragg said.
In the Memo, Bragg detailed his Experiences with the Criminal Justice System growing up as a Black man in Harlem, with Guns pointed at him multiple times by both Police and Civilians, and having posted Bail for Family Members. He also described walking with his children through "yellow crime scene tape" from a Shooting near his Home just a few months ago.
"These policy changes not only will, in and of themselves, make us safer; they also will free up prosecutorial resources to focus on violent crime," Bragg said in the Memo, adding that his Commitment to making Incarceration a matter of Last Resort is "immutable."
The New District Attorney said he wants to invest more in Alternatives to Incarceration that he says will Reduce Re-Offending and Conserve Resources.
His Office will focus on Accountability, he said, not Sentence length. "Research is clear that, after a certain length, longer sentences do not deter crime or result in greater community safety," he said, adding that his Department will Expand its use of "restorative justice programming."
"At the precinct level, someone comes in for a petty theft, we're at the policing level, you identify that they have a mental health issue, instead of locking them up -- let's defer prosecution, let's have a local community-based organization that deals with mental health illnesses handle it right at the precinct -- that's the coordination that we need," Mayor Eric Adams (D) said. "There's no reason to put someone (with) mental health illness in Rikers Island, that's a revolving door."
Criminal Justice Reform groups have welcomed the Memo.
Tina Luongo, Attorney-in-Charge for The Legal Aid Society, called it a "substantive first step to reform an office that long resorted to making excessive bail requests and overcharging our clients."
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