Discussions around bail reforms have been heating up in Western New York for quite some time now, stirring several questions. However, one that seems quite pervasive is: Are we nearing a critical turning point in the matter? It’s a conversation worth having, bringing together viewpoints from all those involved in the matter, be it those who champion the reform or those who voice their concerns.
Jerome Wright, the Co-Director of the New York State Jails Justice Network, advocates for these reforms. According to Wright, these reforms are more than mere legislative changes; they are life-altering and lifesaving. ‘Bail reform is enables significant transformations in the lives of individuals who may have strayed. It’s a step towards righting the historical wrongs that have existed in our legal system,’ voiced Wright, who also chairs the Erie County Corrections Advisory Board.
Wright passionately explained his belief in the power of reform and second chances, discussing what life in jail can be like. He remarked, ‘As a prisoner, your day is largely empty, doing nothing, while outside, you could be contributing to the community and working. In prison, life seems wasted. When I was arrested for the first time, the experience was numbing as you can’t predict what’s going to occur.’
Central to Wright’s advocacy is the consideration of social and financial inequalities when it comes to bail. ‘The way bail operates today, it unfairly burdens people of color and economically disadvantaged communities. The amount of money in my pocket shouldn’t be the determinant of whether I get locked up or not. And why would we have a reform if it wasn’t for some substantial issues to start with? People do not change things that are working perfectly,’ he observed.
Wright is staunchly opposed to efforts to roll back these reforms. He firmly declared, ‘The campaign I was part of won’t let a repeal happen. We won’t regress.’ However, like all issues of significance, there are contrasting perspectives too.
Offering another perspective are Nick Brzezniak and James Dunshie, leading the Western New York Association of Gun Education. They suggest that their primary concern is public safety and educating the public. ‘An increasing number of citizens are living in fear. The focus seems shifted more towards the individuals committing these crimes, instead of the larger population who are left feeling unsafe. It’s about the larger group, not just a select few,’ Brzezniak noted. They also organized a public forum to broaden the conversation.
An unnamed local sheriff elaborated on their stand, expressing concern over the potential prioritization of reform over victims. He said: ‘The criminal justice reforms from the past few years seemingly focus less on the victims. As long as I hold office, our office will always stand for the victims and their families.’
Another significant voice in the mix was John Flynn, the Erie County District Attorney when bail reform was introduced. Emphasizing the psychological aspect, he remarked, ‘There’s no dread anymore. Without accountability, without fear, you witness repeated offenders. Some anticipate that they are only likely to get an appearance ticket.’
Flynn claimed that the reform has had implications on the socio-environmental aspects of life, with crimes beyond the heinous ones being affected. ‘The quality of life crimes — loitering, public trespassing, nuisance, theft, and criminal mischiefs — have seen an impact. Drug sellers, knowing that they wouldn’t go to jail if caught, continue their activities unabated.’
But does bail reform directly correspond to a surge in crime? According to Ames Grawert, researcher at the Brennan Center for Justice, the association isn’t that straightforward. He examined the issue in a report analyzing data from 33 cities, Buffalo being one of them. ‘It’s more a matter of timing than correlation. The bail reform was enacted in 2020, a year which also observed an unprecedented upswing in crime across the state and the nation,’ Grawert explained.
Grawert also affirmed that there’s a need for better safety measures, but changing bail reform policy isn’t necessarily the answer. ‘The situation is more complex than it seems. We witnessed a significant rise in crime in states both with and without bail reform. So the question is, should we be doing something different for public safety? Yes. Is it amending the bail reform policy? Not necessarily.’
Meanwhile, Patrick Chludzinski, the newly elected Assemblyman representing Cheektowaga, campaigned explicitly on the promise of repealing bail reform. Other ideas suggested included supervised release programs, granting more discretion to judges on cases, harm-related or otherwise, or completely eradicating bail, leaving it up to the judges’ discretion entirely.
Despite the ongoing debate, Governor Kathy Hochul believes the law does not necessitate further amendments. An official communication stated, ‘Governor Hochul’s utmost priority is the safety of New Yorkers, which is why she secured record funding to combat gun crimes and car thefts, and repeat offenses, as well as to increase the variety of cases wherein judges have discretion in setting bail.’
In addition to ensuring safety, Hochul also mentioned the need to address loopholes in the legal process. This includes streamlining and clarifying discovery requirements and eliminating the incentive to delay discovery challenges to make the overall legal process more effective and accountable.
In conclusion, the discussions around bail reform echo louder than before in Western New York, making it a topic that invites debate and dialogue. While some argue that it’s about correcting injustices and offering a shot at redemption, others voice a concern for public safety and victim rights. In the midst of these contrasting views, one thing seems clear — the conversation is far from over.
This delicate balance of dialogues and viewpoints illuminates the complexity of the situation. While it’s a tug of war between justice, corrections, safety, and fear, it is also a testament to the democratic process. As Western New York grapples with the roiling discussion on bail reform, it is vital to remember that the ultimate goal is a fair, efficient, and just system for all.
Battle for Bail Reform Rages in Western New York appeared first on Real News Now.
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