There has been much renewed talk about bail reform in recent weeks, spurred by Mayor Adams’ call for revisions to current laws that more clearly address public safety.
An individual's actions, criminal history, the threat they represent to our community, and the risk of flight are all relevant factors when it comes to determining pre-trial detention following an arrest. Bail is too dependent on an individual's financial worth and for that reason, has created significant inequities within the criminal justice system.
Under New York’s current laws, however, the risk to the safety of the community that one represents cannot be considered in the deliberation on pre-trial incarceration. In fact, New York is the ONLY state in the nation that does not have that assessment for defendants facing pre-trial detention.
Fairness and public safety are not in conflict. We need to have a candid discussion on the existing law to make sure that everyone is treated fairly while, at the same time, ensuring that our neighborhoods remain safe.
Permitting judges to openly assess a defendant’s risk of reoffending and the safety of our communities will go a long way in preventing further crime as we move forward.
