Commentary

New York May Join Other States in Ending Cash Bails

NNPA NEWSWIRE — “Defendants charged with certain non-violent crimes should be presumptively released. But there are a small number of crimes which we believe prosecutors should have the opportunity to rebut the presumption of release at arraignment,” said District Attorneys Association of the State of New York (DAASNY) President and Albany County District Attorney David Soares.

Published

5 years ago

February 19, 2019

Oakland Post

By Stacy M. Brown, NNPA Newswire National Correspondent
@StacyBrownMedia

A 2017 report revealed how the use of cash bails in the city of Los Angeles spawned a massive industry built on the backs of poor communities of color.

The report, released by UCLA’s Million Dollar Hoods Research team, which conducts data mapping projects about the Los Angeles jail system, found that from 2012 to 2016, more than $19 billion in cash bail was levied against people arrested by the Los Angeles Police Department – a figure researchers said only reflected what was set during LAPD bookings and did not include adjustments later made by courts.

The UCLA team concluded that “city residents pay a steep price before their innocence or guilt has been determined,” and noted that the amount of bail levied disproportionately fell onto low-income Blacks and Latinos.

In August 2018, Gov. Jerry Brown responded by signing Senate Bill 10, which takes away cash bail as an option for those who’ve been arrested to be released from jail awaiting trial.

Instead, counties will now follow a pretrial risk assessment algorithm approved by judges to determine whether a defendant should be released, based on the level of the offense.

Also in 2018, Atlanta officials said they too were considering eliminating cash bails.

Many other states began to follow, or at least contemplate the move.

In New York, Democratic Sen. Kirsten Gillibrand recently joined the Rev. Al Sharpton at a news conference where she unveiled plans to co-sponsor a bill that would do away with bail for nonviolent crimes on the federal level and provide incentives for states that follow suit.

The bill would require that states implement alternative pre-trial systems and reduce pre-trial jail populations if they wish to receive federal funding as part of this incentive program, Gillibrand said.

Also, it would withhold grant funding from states that continue to utilize cash bail.

“There’s an inherent bias that assumes that people who can afford bail will show up to court and those who cannot, will not,” Sharpton said.

“We are just saying that we should not have a nation that detains people based on their economic standing or their race, which also is based in many cases on their economic standing. The bond industry is an absolutely horrendous idea to make profits off detaining people who could be innocent,” he said.

After studying the issue for 21 months, the New York State Justice Task Force has released a report setting forth a number of recommendations regarding ending the use of cash bail in New York State.

The District Attorneys Association of the State of New York (DAASNY) has endorsed the recommendations and has now urged lawmakers to examine the study and embrace some of the specific elements in their efforts to improve the bail system in New York.

“Our number one concern is to make sure any changes to the bail system in New York are safe and meaningful,” said DAASNY President and Albany County District Attorney David Soares.

“Defendants charged with certain non-violent crimes should be presumptively released. But there are a small number of crimes which we believe prosecutors should have the opportunity to rebut the presumption of release at arraignment,” Soares said.

Formed to eradicate wrongful convictions, promote fairness, effectiveness and efficiency in the criminal justice system, the Justice Task Force is recommending that defendants facing misdemeanors and certain non-violent felonies be released either on their own recognizance or with the least restrictive non-monetary conditions.

“While everyone at the table does not necessarily agree on every given topic, I can assure you that all the elements and proposals were thoroughly discussed and vetted by this group,” said Soares said.

“I can only hope our lawmakers in Albany take the time to do the same.”

The Task Force also recommended that the presumption of release could be rebutted if there is a significant risk the defendant will not return to court or if the defendant poses a credible threat to an identifiable person or group of persons.

“I believe this would still provide prosecutors with the tools to make sure that dangerous people are not out on the streets causing further harm,” Soares said.

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Commentary

Opinion: Surviving the Earthquake, an Eclipse and “Emil Amok.”

Last Friday, a 4.8 magnitude earthquake shook New York City, reported as the “biggest earthquake with an epicenter in the NYC area since 1884” when a 5.2 quake hit. A bit bigger. The last quake similar to Friday’s was a 4.9 in 1783.Alexander Hamilton felt it — 241 years ago. That’s why New Yorkers were freaking out on Friday. They were in the room where it happens.

Published

20 hours ago

April 17, 2024

Oakland Post

In New York City, the eclipse was about 90 percent visible. Good enough for me. Though a full solar eclipse is a celestial rarity, blockages of any sort aren’t generally celebrated. My one-man play is about growing up with the eclipsed history of American Filipinos and how I struggle to unblock all that.

By Emil Guillermo

I’m a Northern Californian in New York City for the next few weeks, doing my one-man show, “Emil Amok, Lost NPR Host, Wiley Filipino, Vegan Transdad.”

I must like performing in the wake of Mother Nature.

Alexander Hamilton felt it — 241 years ago.

That’s why New Yorkers were freaking out on Friday. They were in the room where it happens.

And it just doesn’t happen that often.

Beyonce singing country music happens more frequently.

When I felt New York shake last week, it reminded me of a time in a San Francisco TV newsroom when editors fretted about a lack of news an hour before showtime.

Then the office carpeting moved for a good ten seconds, and the news gods gave us our lead story.

On Friday when it happened in NYC, I noticed the lines in the carpeting in my room wiggling. But I thought it was from a raucous hotel worker vacuuming nearby.

I didn’t even think earthquake. In New York?

I just went about my business as if nothing had happened. After living near fault lines all my life, I was taking things for granted.

Considering the age of structures in New York, I should have been even more concerned about falling objects inside (shelves, stuff on walls) and outside buildings (signs, scaffolding), fire hazards from possible gas leaks, and then I should have looked for others on my floor and in the hotel lobby to confirm or aid or tell stories.

Of course, as a Californian who has lived through and covered quakes in the 4 to 6 magnitude range, I tried to calm down any traumatized New Yorker I encountered by taking full responsibility for bringing in the quake from the Bay Area.

I reassured them things would be all right, and then let them know that 4.8s are nothing.

And then I invited them to my consoling post-Earthquake performance of “Emil Amok, Lost NPR Host…”

It was the night of the eclipse.

ECLIPSING THE ECLIPSE

For example, did you know the first Filipinos actually arrived to what is now California in 1587? That’s 33 years before the Pilgrims arrived in America on the other coast, but few know the Filipino history which has been totally eclipsed.

I was in Battery Park sitting on a bench and there was a sense of community as people all came to look up. A young woman sitting next to me had a filter for a cell phone camera. We began talking and she let me use it. That filter enabled me to take a picture of the main event with my iPhone.

For helping me see, I invited her and her boyfriend to come see my show.

Coincidentally, she was from Plymouth, Massachusetts, near the rock that says the year the Pilgrims landed in 1620.

In my show she learned the truth. The Pilgrims were second.

History unblocked. But it took a solar eclipse.

Next one in 2044? We have a lot more unblocking to do.

If you’re in New York come see my show, Sat. April 13th, 5:20 pm Eastern; Fri. April 19, 8:10 pm Eastern; and Sun. April 21st 5:20 pm Eastern.

You can also livestream the show. Get tickets at www.amok.com/tickets

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1. He wishes all his readers a Happy Easter!

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Commentary

Commentary: Republican Votes Are Threatening American Democracy

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day. We needed to know the blunt truth. The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

Published

2 days ago

April 16, 2024

Oakland Post

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

By Emil Guillermo

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day.

We needed to know the blunt truth.

The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

And to save it will require all hands on deck.

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening.

That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

No man is above the law? To the majority of his supporters, it seems Trump is.

It’s an anti-democracy loyalty that has spread like a political virus.

No matter what he does, Trump’s their guy. Trump received 51% of caucus-goers votes to beat Florida Gov. Ron DeSantis, who garnered 21.2%, and former South Carolina Gov. Nikki Haley, who got 19.1%.

The Asian flash in the pan Vivek Ramaswamy finished way behind and dropped out. Perhaps to get in the VP line. Don’t count on it.

According to CNN’s entrance polls, when caucus-goers were asked if they were a part of the “MAGA movement,” nearly half — 46% — said yes. More revealing: “Do you think Biden legitimately won in 2020?”

Only 29% said “yes.”

That means an overwhelming 66% said “no,” thus showing the deep roots in Iowa of the “Big Lie,” the belief in a falsehood that Trump was a victim of election theft.

Even more revealing and posing a direct threat to our democracy was the question of whether Trump was fit for the presidency, even if convicted of a crime.

Sixty-five percent said “yes.”

Who says that about anyone of color indicted on 91 criminal felony counts?

Would a BIPOC executive found liable for business fraud in civil court be given a pass?

How about a BIPOC person found liable for sexual assault?

Iowans have debased the phrase, “no man is above the law.” It’s a mindset that would vote in an American dictatorship.

Compare Iowa with voters in Asia last weekend. Taiwan rejected threats from authoritarian Beijing and elected pro-democracy Taiwanese vice president Lai Ching-te as its new president.

Meanwhile, in our country, which supposedly knows a thing or two about democracy, the Iowa caucuses show how Americans feel about authoritarianism.

Some Americans actually like it even more than the Constitution allows.

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1.