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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.

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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.

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Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87

NNPA NEWSWIRE — Louis Gossett Jr., the groundbreaking actor whose career spanned over five decades and who became the first Black actor to win an Academy Award as Best Supporting Actor for his memorable role in “An Officer and a Gentleman,” has died. Gossett, who was born on May 27, 1936, in Brooklyn, N.Y., was 87. Recognized early on for his resilience and nearly unmatched determination, Gossett arrived in Los Angeles in 1967 after a stint on Broadway.
The post Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87 first appeared on BlackPressUSA.

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By Stacy M. Brown
NNPA Newswire Senior National Correspondent

@StacyBrownMedia

Louis Gossett Jr., the groundbreaking actor whose career spanned over five decades and who became the first Black actor to win an Academy Award as Best Supporting Actor for his memorable role in “An Officer and a Gentleman,” has died. Gossett, who was born on May 27, 1936, in Brooklyn, N.Y., was 87. Recognized early on for his resilience and nearly unmatched determination, Gossett arrived in Los Angeles in 1967 after a stint on Broadway.

He sometimes spoke of being pulled over by law enforcement en route to Beverly Hills, once being handcuffed to a tree, which he remembered as a jarring introduction to the racial tensions of Hollywood. In his memoir “An Actor and a Gentleman,” Gossett recounted the ordeal, noting the challenges faced by Black artists in the industry. Despite the hurdles, Gossett’s talent shone brightly, earning him acclaim in groundbreaking productions such as “A Raisin in the Sun” alongside Sidney Poitier. His Emmy-winning portrayal of Fiddler in “Roots” solidified his status as a trailblazer, navigating a landscape fraught with racial prejudice.

According to the HistoryMakers, which interviewed him in 2005, Gossett’s journey into the limelight began during his formative years at PS 135 and Mark Twain Junior High School, where he demonstrated early leadership as the student body president. His passion for the arts blossomed when he starred in a “You Can’t Take It With You” production at Abraham Lincoln High School, catching the attention of talent scouts who propelled him onto Broadway’s stage in “Take A Giant Step.” His stellar performance earned him the prestigious Donaldson Award for Best Newcomer to Theatre in 1952. Though initially drawn to sports, Gossett’s towering 6’4” frame and athletic prowess led him to receive a basketball scholarship at New York University. Despite being drafted by the New York Knicks in 1958, Gossett pursued his love for acting, honing his craft at The Actors Studio under the tutelage of luminaries like John Sticks and Peggy Fury.

In 1961, Gossett’s talent caught the eye of Broadway directors, leading to roles in acclaimed productions such as “Raisin in the Sun” and “The Blacks,” alongside legends like James Earl Jones, Cicely Tyson, Roscoe Lee Brown, and Maya Angelou. Transitioning seamlessly to television, Gossett graced small screens with appearances in notable shows like “The Bush Baby” and “Companions in Nightmare.” Gossett’s silver screen breakthrough came with his role in “The Landlord,” paving the way for a prolific filmography that spanned over 50 movies and hundreds of television shows. From “Skin Game” to “Lackawanna Blues,” Gossett captivated audiences with his commanding presence and versatile performances.

However, his portrayal of “Fiddler” in Alex Haley’s groundbreaking miniseries “Roots” earned Gossett critical acclaim, including an Emmy Award. The HistoryMakers noted that his golden touch extended to the big screen, where his role as Sergeant Emil Foley in “An Officer and a Gentleman” earned him an Academy Award for Best Supporting Actor, making him a trailblazer in Hollywood history.

Beyond the glitz and glamour of Hollywood, Gossett was deeply committed to community activism. In 1964, he co-founded a theater group for troubled youth alongside James Earl Jones and Paul Sorvino, setting the stage for his lifelong dedication to mentoring and inspiring the next generation. Gossett’s tireless advocacy for racial equality culminated in the establishment of Eracism, a nonprofit organization dedicated to combating racism both domestically and abroad. Throughout his illustrious career, Gossett remained a beacon of strength and resilience, using his platform to uplift marginalized voices and champion social change. Gossett is survived by his children, Satie and Sharron.

The post Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87 first appeared on BlackPressUSA.

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COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration

WASHINGTON INFORMER — The D.C. crime bill and so many others like it are reminiscent of the ‘94 crime bill, which produced new and harsher criminal sentences, helped deploy thousands of police and surveilling methods in Black and brown communities, and incentivized more states to build prisons through a massive infusion of federal funding. While it is not at the root of mass incarceration, it significantly accelerated it, forcing a generation of Black and brown families into a never-ending cycle of state-sanctioned violence and incarceration.
The post COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration first appeared on BlackPressUSA.

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By Kaili Moss and Jillian Burford | Washington Informer

Mayor Bowser has signed the “Secure DC” omnibus bill passed by the D.C. Council last month. But we already know that this bill will be disastrous for all of D.C., especially for Black and brown residents.

While proponents claim that this legislation “will make D.C. residents safer and more secure,” it actually does nothing to address the root of the harm in the first place and instead maintains a cycle of violence, poverty, and broken community ties. The omnibus bill calls for increased surveillance, drug-free zones, and will expand pre-trial detention that will incarcerate people at a significantly higher rate and for an indeterminate amount of time before they are even tried. This bill will roll back decades of nationwide policy reform efforts and initiatives to keep our communities safe and whole, which is completely contradictory to what the “Secure” D.C. bill claims it will do.

What is unfolding in Washington, D.C., is part of a dangerous national trend. We have seen a resurrection of bad crime bills in several jurisdictions across the country — a phenomenon policy experts have named “zombie laws,” which are ineffective, costly, dangerous for communities of color and, most importantly, will not create public safety. Throwing more money into policing while failing to fund preventative measures does not keep us safe.

The D.C. crime bill and so many others like it are reminiscent of the ‘94 crime bill, which produced new and harsher criminal sentences, helped deploy thousands of police and surveilling methods in Black and brown communities, and incentivized more states to build prisons through a massive infusion of federal funding. While it is not at the root of mass incarceration, it significantly accelerated it, forcing a generation of Black and brown families into a never-ending cycle of state-sanctioned violence and incarceration. Thirty years later, despite spending billions each year to enforce these policies with many of these provisions remaining in effect, it has done very little to create long-term preventative solutions. Instead, it placed a permanent moving target on the backs of Black people, and the D.C. crime bill will do the same.

The bill calls for more pretrial detention. When our loved ones are held on pretrial detention, they are held on the presumption of guilt for an indeterminate amount of time before ever seeing a judge, which can destabilize people and their families. According to experts at the Malcolm Weimer Center for Social Policy at Harvard University, just one day in jail can have “devastating consequences.” On any given day, approximately 750,000 people are held in jails across the nation — a number that beats our nation’s capital population by about 100,000. Once detained, people run the risk of losing wages, jobs, housing, mental and health treatments, and time with their families. Studies show that pretrial detention of even a couple of days makes it more likely for that person to be rearrested.

The bill also endangers people by continuing a misguided and dangerous War on Drugs, which will not get drugs off the street, nor will it deter drug use and subsequent substance use disorders (SUDs). Drug policies are a matter of public health and should be treated as such. Many states such as Alabama, Iowa and Wisconsin are treating the current fentanyl crisis as “Crack 2.0,” reintroducing a litany of failed policies that have sent millions to jails and prisons instead of prioritizing harm reduction. Instead, we propose a simple solution: listen to members of the affected communities. Through the Decrim Poverty D.C. Coalition, community members, policy experts and other stakeholders formed a campaign to decriminalize drugs and propose comprehensive legislation to do so.

While there are many concerning provisions within the omnibus bill, car chases pose a direct physical threat to our community members. In July 2023, NBC4 reported that the D.C. Council approved emergency legislation that gave MPD officers the ability to engage in vehicular pursuits with so-called “limited circumstances.” Sgt. Val Barnes, the head of MPD’s carjacking task force, even expressed concern months before the decision, saying, “The department has a pretty strict no-chase policy, and obviously for an urban setting and a major metropolitan city, that’s understandable. If our law enforcement officers themselves are operating with more concern than our elected officials, what does it say about the omnibus bill’s purported intention to keep us safe?

And what does it mean when the risk of bodily harm is posed by the pursuit itself? On Saturday, Feb. 10, an Eckington resident had a near-miss as a stolen car barreled towards her and her dog on the sidewalk with an MPD officer in pursuit. What responsibility does the city hold if this bystander was hit? What does restitution look like? Why are our elected officials pushing for MPD officers to contradict their own policies?

Just a few summers ago during the uprisings of 2020, we saw a shift in public perspectives on policing and led to legislation aimed at limiting police power after the highly-publicized murders of loved ones Breonna Taylor and George Floyd — both victims of War on Drugs policing and the powers gained from the ’94 crime bill. And yet here we are. These measures do not keep us safe and further endanger the health of our communities.  Studies show that communities that focus on harm reduction and improving material conditions have a greater impact on public safety and community health. What’s missing in mainstream conversations about violent crime is the violence that stems from state institutions and structures that perpetuate racial and class inequality. The people of D.C. deserve to feel safe, and that includes feeling safe from the harms enacted by the police.

Kaili Moss is a staff attorney at Advancement Project, a national racial justice and legal organization, and Jillian Burford is a policy organizer at Harriet’s Wildest Dreams.

The post COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration first appeared on BlackPressUSA.

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Mayor, City Council President React to May 31 Closing of Birmingham-Southern College

THE BIRMINGHAM TIMES — “This is a tragic day for the college, our students, our employees, and our alumni, and an outcome so many have worked tirelessly to prevent,” Rev. Keith Thompson, chairman of the BSC Board of Trustees said in an announcement to alumni. “We understand the devastating impact this has on each of you, and we will now direct our efforts toward ensuring the smoothest possible transition for everyone involved.”
The post Mayor, City Council President React to May 31 Closing of Birmingham-Southern College first appeared on BlackPressUSA.

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By Barnett Wright | The Birmingham Times

Birmingham-Southern College will close on May 31, after more than a century as one of the city’s most respected institutions.

“This is a tragic day for the college, our students, our employees, and our alumni, and an outcome so many have worked tirelessly to prevent,” Rev. Keith Thompson, chairman of the BSC Board of Trustees said in an announcement to alumni. “We understand the devastating impact this has on each of you, and we will now direct our efforts toward ensuring the smoothest possible transition for everyone involved.”

There are approximately 700 students enrolled at BSC this semester.

“Word of the decision to close Birmingham Southern College is disappointing and heartbreaking to all of us who recognize it as a stalwart of our community,” Birmingham Mayor Randall Woodfin said in a statement. “I’ve stood alongside members of our City Council to protect this institution and its proud legacy of shaping leaders. It’s frustrating that those values were not shared by lawmakers in Montgomery.”

Birmingham City Council President Darrell O’Quinn said news of the closing was “devastating” on multiple levels.

“This is devastating for the students, faculty members, families and everyone affiliated with this historic institution of higher learning,” he said. “It’s also profoundly distressing for the surrounding community, who will now be living in close proximity to an empty college campus. As we’ve seen with other institutions that have shuttered their doors, we will be entering a difficult chapter following this unfortunate development …   We’re approaching this with resilience and a sense of hope that something positive can eventually come from this troubling chapter.”

The school first started as the merger of Southern University and Birmingham College in 1918.

The announcement comes over a year after BSC officials admitted the institution was $38 million in debt. Looking to the Alabama Legislature for help, BSC did not receive any assistance.

This past legislative session, Sen. Jabo Waggoner sponsored a bill to extend a loan to BSC. However, the bill subsequently died on the floor.

Notable BSC alumni include former New York Times editor-in-chief Howell Raines, former U.S. Sen. Howell Heflin and former Alabama Supreme Court Chief Justice Perry O. Hooper Sr.

This story will be updated.

The post Mayor, City Council President React to May 31 Closing of Birmingham-Southern College first appeared on BlackPressUSA.

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