Bail goes bye: Cy
Vance joins movement on low-level offenses
THE MANHATTAN district attorney’s office will no longer seek bail for most misdemeanor and violation cases, DA Cy Vance Jr. said Tuesday.
“A systemic reliance on bail for low-level offenses is out of step with a reformed, 21st-century justice system,” Vance said. “It is fundamentally unfair and does not make us safer, given the range of effective alternatives to pretrial detention now at our disposal.”
Prosecutors will continue to ask for bail in cases involving violence, including domestic violence as well as sex crimes. It will also be sought against defendants charged with injuring a police or peace officer, Vance said.
It was revealed last summer that the Manhattan DA’s office would no longer pursue criminal cases against the majority of people busted for jumping subway turnstiles.
“Our reform mission requires that we continually evaluate the justice system we have in the context of the city we are today, and identify practices which result in unfair or unnecessary consequences for New Yorkers accused of crimes, and for the strength of our communities,” Vance (photo) said.
“In light of our record-low crime, our national imperative for justice reform, and our moral, generational obligation to close Rikers, it is clear that ending cash bail is an idea whose time has come.”
Brooklyn District Attorney Eric Gonzalez enacted a similar policy last April. Vance consulted with his counterpart in Brooklyn when creating the new policy, he said.
The average bail set by judges in New York City for misdemeanor cases is $1,000, and on a felony cases is $5,000, according to the Vera Institute of Justice.
Many low-income offenders get stuck on Rikers Island for months as their cases wind through the court system because they can’t afford to post bail.
Gov. Cuomo hailed the move, calling it a “huge step forward.”
During his State of the State address last week, Cuomo announced that he would be asking the State Legislature to get rid of bail for many crimes and to expedite the disclosure of evidence in trials.
Under his proposal, bail would still be allowed for individuals charged with violent felonies, but a judge would first be required to review people’s personal and financial circumstances.
Critics have long argued that the current bail system is discriminatory against impoverished communities.
Inmate advocates called Vance’s move “a step in the right direction” but urged the state politicians to support the broader plan.
“We need Albany to act now on a statewide basis,” said Tina Luongo, who heads the criminal defense practice at the Legal Aid Society.