Connect with us

#NNPA BlackPress

NYC Firm Touts Bail Reform as Supreme Court Sets Standards for Release

NNPA NEWSWIRE — “The Supreme Court today sent a very strong message that monetary bail and bail schedules are constitutional if the proper due process procedures are followed,” Jeff Clayton, Executive Director of the American Bail Coalition, said in a statement.

Published

on

By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia

While a landmark Georgia case has now set the standard for bail, one New York-based law firm is applauding the Empire State’s readiness to address the injustice of cash bails.

The Manhattan firm of Watford Jackson, PLLC, said innocent until proven guilty can feel like a sham when thousands of accused but non-convicted defendants languish in New York jails for lack of a few hundred dollars to make bail.

Shockingly, lawyers at the firm noted that 72 percent of people arrested in New York City end up at the notorious Rikers Island jail for at least a day because they cannot raise the necessary cash bail fast enough, even for a misdemeanor crime such as drug possession or assault.

However, the state of New York does appear to be ready to address this injustice in 2019.

A task force created by the New York State Unified Court System spent over a year discussing the issue and published its final report in February 2019.

The report largely agrees with the latest drafts of bail reform legislation coming out of Albany.

The likely changes include:

  • More offenses should be designated for police issuance of an appearance ticket rather than an arrest.
  • People accused of misdemeanor and some non-violent felony crimes should be released without cash bail, either on their own recognizance or with the least restrictive non-monetary conditions necessary to ensure their appearance in court.
  • However, courts should be able to deny release if the defendant currently poses a credible threat to the physical safety of an identifiable person or group.
  • State law should specify a limited list of crimes for which a defendant may be held in pre-trial custody, if the prosecutor makes a case for it.
  • Judges’ use of electronic monitoring in place of jail detention should be subject to specific guidelines set out in state law.

New York City has already taken action over the past four years to reduce its jail population rather than wait for state-level reform.

The city now offers a program known as “supervised release,” a partnership with nonprofit groups that will help evaluate defendants and allow social workers to maintain contact with assigned defendants, the attorneys at Watford Jackson noted.

Of the first 10,000 people who qualified for supervised release, 87 percent attended all of their court dates.

Other bail reforms instituted by NYC include the elimination of jail sentences of less than 30 days; expansion of the bail expediters program; and creation of an online website that family members can use to pay bail as soon as a defendant has been arraigned.

Watford Jackson’s report comes as the U.S. Supreme Court on Monday, April 1, refused to review a decision in the Eleventh Circuit Court of Appeals case of Maurice Walker v. Calhoun, Georgia.

The high court’s refusal to hear the landmark case of Walker v. Calhoun, Georgia, means the August 2018 decision of the U.S. Court of Appeals for the Eleventh Circuit stands, which ruled that money bail and bail schedules is constitutional.

The Petitioner, Maurice Walker spent six days in jail on a pre-set bail of $160 that he was unable to make before a judge would see him. According to the SCOTUSblog, petition’s central issues were whether heightened scrutiny under the 14th Amendment applies to a government policy that keeps misdemeanor and traffic-offense arrestees in jail pretrial solely because they are poor; and (2) whether the government can keep misdemeanor and traffic-offense arrestees in jail for up to 48 hours after arrest solely because they are poor when it has offered no reason for doing so.

The petition concerned the use of what are commonly referred to as “monetary bail schedules,” where bail amounts are pre-determined, based upon specific offences. The practice allows later adjustment once a defendant appears before a judge.

In Walker’s case, he was jailed because he could not afford to pay $168 in traffic fines and had no means of communicating with a family member to obtain the funds. Leading the position that he, and others in their situation, are jailed simply because they are poor.

The petition questioned whether conducting arbitrary individual reviews of bails set by a schedule within 48 hours meets constitutional muster or instead discriminates against the poor, according to the American Bail Coalition.

The Eleventh Circuit Court of Appeals upheld, on a 2-1 decision, the use of monetary bail schedules. As a result of the suit, the city of Calhoun created a new standing order on bail.

It allowed for the use of schedules but required defendants to be heard by a judge within 48 hours, in which they could request a reduction in bail or be released on their own recognizance.

“The Supreme Court today sent a very strong message that monetary bail and bail schedules are constitutional if the proper due process procedures are followed,” Jeff Clayton, Executive Director of the American Bail Coalition, said in a statement.

“It has a been a long, hard and expensive road to get here,” Clayton said.

In denying to hear the Petition (denial of cert), the Supreme Court has also affirmed that rational basis review is the appropriate standard for reviewing claims of wealth-based discrimination under the equal protection clause. “This is contrary to the ruling of two federal district judges who decided to apply intermediate scrutiny and strict scrutiny,” Clayton said.

The denial of cert is considered a milestone victory for constitutional law and the commercial bail industry. “Then-U.S. Attorney General Eric Holder first filed a statement of interest in Varden v. City of Clanton in 2015, arguing against the use of bail schedules,” Clayton added.

“Since that time, we have been waiting for a signal from the U.S. Supreme Court as to whether the use of money bail schedules is constitutional. Today, we can say without hesitation, we know their answer,” he said.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

#NNPA BlackPress

IN MEMORIAM International Soccer Icon Pelé Dies at 82

NNPA NEWSWIRE — Sometimes called “Pérola Negra” (“Black Pearl”), Pelé became a Brazilian national hero. According to Britannica, he combined kicking power and accuracy with a remarkable ability to anticipate other players’ moves. 

Published

on

Born Edson Arantes do Nascimento in Três Corações, Brazil, on Oct. 23, 1940, Pelé became soccer’s first superstar.
Born Edson Arantes do Nascimento in Três Corações, Brazil, on Oct. 23, 1940, Pelé became soccer’s first superstar.

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

Pelé, the international star who was instrumental in three World Cup championships with Brazil across three decades and who energized U.S. soccer with the New York Cosmos in the 1970s, has died.

The 82-year-old legend had been hospitalized since November, and his doctors reported that Pelé’s cancer had advanced, requiring care related to renal and cardiac dysfunction.

He has been receiving regular treatment since doctors removed a tumor from his colon in 2021.

“Father. My strength is yours,” the international star’s son, Edinho, posted on social media.

Born Edson Arantes do Nascimento in Três Corações, Brazil, on Oct. 23, 1940, Pelé became soccer’s first superstar.

He led the Brazilian national teams to World Cup glory in 1958, 1962, and 1970.

In 1956, he joined the Santos Football Club, where he played inside left forward, winning nine São Paulo league championships and, in 1962 and 1963, the Libertadores Cup and the Intercontinental Club Cup.

Sometimes called “Pérola Negra” (“Black Pearl”), Pelé became a Brazilian national hero. According to Britannica, he combined kicking power and accuracy with a remarkable ability to anticipate other players’ moves.

“After the 1958 World Cup, Pelé was declared a national treasure by the Brazilian government to ward off large offers from European clubs and ensure that he would remain in Brazil,” Britannica researchers wrote.

On Nov. 19, 1969, in his 909th first-class match, he scored his 1,000th goal.

Pelé made his international debut in 1957 at age 16 and played his first game in the World Cup finals in Sweden the following year.

The Brazilian manager was initially hesitant to play his young star. But, according to Britannica, when Pelé finally reached the field, he had an immediate impact, rattling the post with one shot and collecting an assist.

He had a hat trick in the semifinal against France and two goals in the championship game, where Brazil defeated Sweden 5–2. At the 1962 World Cup finals, Pelé tore a thigh muscle in the second match and had to sit out the remainder of the tournament.

Nonetheless, Brazil went on to claim its second World Cup title.

Researchers said rough play and injuries turned the 1966 World Cup into a disaster for Brazil and Pelé, as the team went out in the first round, and he contemplated retiring from World Cup play.

Returning in 1970 for one more World Cup tournament, he teamed with young stars Jairzinho and Rivelino to claim Brazil’s third title and permanent ownership of the Jules Rimet Trophy. Pelé finished his World Cup career, scoring 12 goals in 14 games.

Pelé’s electrifying play and penchant for spectacular goals made him a worldwide star.

His team Santos toured internationally to take full advantage of his popularity. For example, in 1967, he and his team traveled to Nigeria, where a 48-hour cease-fire in that nation’s civil war was called to allow all to watch the great player.

Pelé announced his retirement in 1974 but, in 1975, agreed to a three-year $7 million contract with the New York Cosmos of the North American Soccer League and to promote the game in the United States. He retired after leading the Cosmos to the league championship in 1977.

Pelé was the recipient of the International Peace Award in 1978. In 1980 he was named Athlete of the Century by the French sports publication L’Equipe, and he received the same honor in 1999 from the International Olympic Committee. In 2014 the Pelé Museum opened in Santos, Brazil.

Continue Reading

#NNPA BlackPress

COMMENTARY: Don’t Spread Yourself Too Thin: Avoid Burnout with These Simple Tips

THE AFRO — Although it cannot be medically diagnosed, burnout can lead people to lose their sense of self and feel as if they are not accomplishing enough. Since the arrival of the COVID-19 pandemic, the American Psychological Association found that the risk of burnout has increased for workers due to extra stress, increased household demands and longer working hours. 
The post COMMENTARY: Don’t Spread Yourself Too Thin: Avoid Burnout with These Simple Tips first appeared on BlackPressUSA.

Published

on

By

By Megan Sayles | AFRO Business Writer
Report for America Corps Member
msayles@afro.com

We’ve all heard the age-old saying that “hard work pays off.”  But, sometimes, working too hard can do more harm than good.

“Burnout” is a form of work-related stress in which an individual experiences physical, emotional or mental exhaustion caused by their job’s demands. It can also make workers feel distanced from their jobs and engender negative feelings about them, according to the World Health Organization.

Although it cannot be medically diagnosed, burnout can lead people to lose their sense of self and feel as if they are not accomplishing enough. Since the arrival of the COVID-19 pandemic, the American Psychological Association found that the risk of burnout has increased for workers due to extra stress, increased household demands and longer working hours.

This makes it even more important for people to know the signs of burnout and the strategies to combat it.

Natasha Charles is the founder and CEO of Intuitive Coaching with Natasha Charles, a comprehensive life coaching and consulting firm. She created the business after gaining 20 years in senior administration roles.

Charles was motivated to open the firm in 2018 out of a desire to create a business focused on inspiring continuous improvement. There, she works with individuals and executives to create lives that they love and offers them personalized solutions to address critical work and business challenges.

“It’s really about thinking about you, the person, and all that you are,” Charles said. “People tend to be very focused on one aspect of their life, and a lot of times, it’s about their career, so it’s really about making space for all of your goals and all of your dreams.”

When someone experiences burnout, Charles said they could be actively doing their job while simultaneously worrying about their other responsibilities and priorities, whether personal or work-related. She also stressed that burnout can be experienced no matter what profession you are in and what you are being paid.

Aside from the physical and mental impacts of stress, burnout can impact finances if it causes an employee to take extended periods of time off or miss work, according to Charles. It can also reduce their productivity.

In the beginning of 2022, the term “quiet quitting” emerged, and for some, it’s being used as a method to avoid burnout. It involves individuals meeting the minimum requirements of their job descriptions, investing no extra time or effort than what is mandatory.

For Charles, quiet quitting is a signal that a person is not fulfilled by their job and may need to think about changing workplaces or careers.

“I get that people are not always able to up and quit, and it can take time to find what that next role is,” Charles said. “I would come from a space of encouraging the person to start thinking about what that is. What is it that you ultimately desire to be doing in your life and seeing your work?”

One of the most important steps in reducing and preventing burnout is educating yourself about the syndrome, so you can be aware of the warning signs, according to Charles. She also said it was crucial for employers to talk to their employees about it.

Awareness can help prevent the shame and guilt that comes with burnout and allow people to give themselves grace.

After a person has weighed whether they are experiencing burnout or not, they should think about how they want to confront it. This could include engaging in self-care, asking for extra support at work or home, and creating stronger boundaries between their personal and professional lives.

When burnout is impacting your performance, it’s time to consider making a career change, Charles said.

To ensure your work life does not invade your personal life, Charles said people need to assess the goals they have for all areas of their life. Once you’ve set goals, it’s easier to devise a plan and set the necessary boundaries to achieve them.

Charles also said it’s important to carve out time for yourself where you’re not constantly checking your phone or email for work reasons.

“There is life beyond your work. There is an entire world out there to be discovered,” Charles said. “There’s a world within us to be discovered as well, and I encourage everyone to invest in discovering those pieces.”

This article originally appeared in The Afro.

The post COMMENTARY: Don’t Spread Yourself Too Thin: Avoid Burnout with These Simple Tips first appeared on BlackPressUSA.

Continue Reading

#NNPA BlackPress

Tory Lanez Found Guilty in Meg Thee Stallion Shooting 

NNPA NEWSWIRE — The case fired up social media and highlighted the misogyny that still reigns in hip hop. Many on Twitter routinely attacked Megan, accusing her of lying among other vicious vitriolic comments.
The post Tory Lanez Found Guilty in Meg Thee Stallion Shooting  first appeared on BlackPressUSA.

Published

on

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

Canadian rapper Tory Lanez faces more than 20 years in prison and deportation after a jury in Los Angeles found him guilty in the 2020 shooting of hip hop star Megan Thee Stallion.

Lane, 30, was found guilty of three felony counts, including assault with an unregistered semiautomatic weapon, carrying a loaded gun, and discharging a firearm in a vehicle with gross negligence.

The case fired up social media and highlighted the misogyny that still reigns in hip hop. Many on Twitter routinely attacked Megan, accusing her of lying among other vicious vitriolic comments.

The 27-year-old Megan, whose real name is Megan Pete, testified that Lanez offered her hush money and didn’t care about her injuries and pain suffered because he shot her.

Lanez, who declined to testify, claimed there was another shooter, Pete’s friend who was also arguing with the hit maker as they drove home from a party.

“[Lanez] told me to dance,” Pete told the jury, adding that he also cursed at her following the shooting.

Sentencing for Lanez is scheduled for Jan. 27.

“You showed incredible courage and vulnerability with your testimony despite repeated and grotesque attacks that you did not deserve,” Los Angeles County District Attorney George Gascon said, referring to Pete.

“You faced unjust and despicable scrutiny that no woman should ever face, and you have been an inspiration to others across LA County and the nation.”

The post Tory Lanez Found Guilty in Meg Thee Stallion Shooting  first appeared on BlackPressUSA.

Continue Reading

Subscribe to receive news and updates from the Oakland Post

* indicates required

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

WORK FROM HOME

Home-based business with potential monthly income of $10K+ per month. A proven training system and website provided to maximize business effectiveness. Perfect job to earn side and primary income. Contact Lynne for more details: Lynne4npusa@gmail.com 800-334-0540

Facebook

Trending