The Guardian: New York police officers defy order to cut marijuana arrests
Police officers in New York are “manufacturing” criminal offenses by forcing people with small amounts of marijuana to reveal their drugs, according to a survey by public defenders. Nearly half of New Yorkers picked up for small amounts of marijuana possession in recent months were not displaying the drug before they were stopped, the study…
WNYC: Data Shows Percentage of Wrongful Marijuana Arrests Rose After Kelly’s Order: Bronx Public Defenders
Data Shows Percentage of Wrongful Marijuana Arrests Rose After Kelly’s Order: Bronx Public Defenders WNYC By Ailsa Chang March 29, 2012 Public defenders in the Bronx said more than 40 percent of the marijuana arrests they investigated in their borough between May and October 2011 show violations of constitutional rights and problems with…
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
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…
Robin spoke on a panel at the Innovations in Criminal Justice Summit in Chicago
Robin Steinberg spoke on a panel on Systemic Reform at the Innovations in Criminal Justice Summit in Chicago on Wednesday, September 28, 2011. For more information please click here.
New York Daily News: Bronxites who can’t afford to pay bail for petty crimes get help from state legislature
A bill sponsored by Bronx state Senator Gustavo Rivera now headed to Governor Cuomo’s desk will allow charities to post bail for defendants charged with petty misdemeanors. Thousands of Bronxites do hard time at Rikers Island because they can’t afford to post bail. But new legislation headed to Gov. Cuomo’s desk could set them free….
New York Times: Looking at the Whole Defendant
Even before she graduated from Stanford Law School in 2010, Michelle Parris knew she wanted to help people with psychiatric disabilities and take a holistic approach to defense law. She designed a project with that in mind and received a two-year Equal Justice Works fellowship and an assignment at the Bronx Defenders. Still in the…
Crain’s New York Business – Report: City pays big price for minor crimes
New York City could save tens of millions of dollars a year if it did not incarcerate thousands of defendants charged with minor crimes — like hopping a turnstile, smoking marijuana in public or trespassing — before their trials, according to a new report by advocacy group Human Rights Watch. In 2008 alone, the city…
New York Law Journal: City Alters Distribution of Cases for Indigent Criminal Defendants
The distribution of indigent criminal defense cases among the groups that serve as primary providers in New York City has been significantly altered by the Office of the Criminal Justice Coordinator. Read what The Bronx Defenders’ Executive Director, Robin Steinberg, has to say… Read more here.
New York Times: N.Y.C. Misdemeanor Defendants Lack Bail Money
Thousands of people arrested on low-level crimes in New York City spend days languishing in jail, not because they have been found guilty but because they are too poor to post bail, according to a report to be released on Friday. The report, which examines the bail conditions for people charged with nonfelonies like smoking…
From Arrest to Reintegration: A Model for Mitigating Collateral Consequences of Criminal Proceedings
By McGregor Smyth. Collateral sanctions. Invisible punishments. Internal exile. From the moment of arrest, people are in danger of losing jobs, housing, basic public benefits, and even the right to live in this country. For many, these hardships are far more severe than the criminal charges confronting them. In New York, a plea to disorderly…
Public Benefits and Child Support Arrears
By McGregor Smyth. Individuals who are released from prison or jail and who need financial assistance until they are able to get on their feet are likely to apply for aid both from Safety Net Assistance (“SNA”), the New York State public assistance program for adults who do not share a household with children, and…
Holistic is Not a Bad Word: A Criminal Defense Attorney’s Guide to Using Invisible Punishments as an Advocacy Strategy
By McGregor Smyth. The legal disabilities and social exclusion resulting from any adverse encounter with the criminal justice system erect nearly insurmountable barriers for criminal defendants, people with criminal records, those returning to their communities after incarceration, and their families. Recent scholarship has highlighted the draconian effects of these invisible punishments and has argued that…
Bridging the Gap: A Practical Guide to Civil-Defender Collaboration
By McGregor Smyth. Vicky G. received a Section 8 Existing Housing Voucher for ten years. The prosecutor and local public housing authority now allege that over a six-year period she failed to report that her boyfriend was living in the apartment and that she underreported her income. She is charged with grand larceny and filing…
Cultural Revolution: Papers from the Executive Session on Public Defense
By Robin Steinberg and David Feige. Public defenders everywhere are beginning to reassess the most fundamental questions of what it means to provide effective representation for clients. Frustrated by the limitations traditionally imposed by government funders who seek to satisfy minimal constitutional requirements, public defenders are asking themselves if there is more they can do…