Category: Archive
Reuters: NYS law requires two forms of bail for defendants: Court of Appeals
Trial judges in New York are required by state law to set at least two forms of bail for criminal defendants, the state’s top court ruled Thursday. In a unanimous decision, the Court of Appeals held that a trial judge erred when he set $20,000 “cash-only” bail for Shaun McManus, and dismissed his petition to […]
The Bronx Defenders Legal Director Marika Meis successfully argues in New York Court of Appeals that courts must set alternatives to cash bail
The New York Court of Appeals today ruled in favor of Bronx Defenders client, Sean McManus, in a decision that will have widespread impact on the state criminal court system, particularly for the indigent. The decision recognizes that the statutory bail scheme in New York was created to provide flexible bail alternatives for those accused of crimes […]
Michael Oppenheimer and Justine Olderman spoke at CUNY Law School symposium “Incarcerated Until Proven Guilty”
On February 23, 2012 at the CUNY School of Law, the CUNY Law Review hosted a panel on the bail system in New York. Michael Oppenheimer moderated the panel, entitled “Incarcerated Until Proven Guilty,” which included two sitting judges, as well as Justine Olderman. See event here
WNYC The Brian Lehrer Show: Loitering Settlement
McGregor Smyth, managing attorney in the civil action practice at Bronx Defenders, discusses the recent class action suit around improper loitering violations. Listen here.
Fixing New York’s Broken Bail System
By Justine Olderman, 16 CUNY L. Rev. 9, CUNY Law Review (Winter 2012) New York City jails are currently filled with people who are serving time but haven’t been convicted of anything at all. They are there for one reason. They cannot afford the price of their bail. Bail is the single most important decision made in a […]
Reuters: U.S. judge limits stop and frisk searches in New York’s Bronx
A federal judge on Tuesday ordered the New York Police Department to immediately stop conducting trespass stops outside certain residential buildings in the borough of the Bronx without “reasonable suspicion” that an individual is engaged in criminal activity. U.S. District Judge Shira Scheindlin issued her ruling in the narrowest of three main lawsuits challenging New […]
Amsterdam News: Hands Off: Black community responds to U.S. District Court ruling of NYPD’s “Clean Halls” as unconstitutional
Could this be the first step to eliminating “stop and frisk?” On Tuesday morning, a U.S. District Court for the Southern District of New York Judge ruled that the New York Police Department’s “Clean Halls Program” violated the constitutional rights of New York City residents. According to Judge Shira A. Scheindlin, for years the NYPD […]
The Huffington Post: Stop-And-Frisk Without Suspicion Must Cease In The Bronx, Judge Says
NEW YORK — The New York City Police Department likely turned a blind eye to violations of the constitutional rights of thousands of individuals detained at private residential buildings in the Bronx in a stop-and-frisk program that’s under assault in the courts, a federal judge said Tuesday. U.S. District Judge Shira Scheindlin said the department’s […]
AlterNet: Hypocritical NYPD Continues Racist Pot Arrest Crusade
Despite a well-publicized police order instructing officers not to use bogus pretexts to justify marijuana arrests, New York City remains the pot-bust capital of the United States. Preliminary figures released in late November indicated a slight decline in arrests for misdemeanor possession of marijuana in the two months since Police Commissioner Ray Kelly told police […]
New York Times: Letter in response to “The Jury’s Duty When the Law Is Unfair”
To the Editor: What is hidden behind the heated philosophical debate that jury nullification generates are the real people and communities affected by prosecutorial and police policies. Paul Butler properly notes the disgraceful number of marijuana possession prosecutions in New York City. But what we need to be equally aware of is that drug prosecutions […]