Manhattan DA Alvin Bragg has released a memo including a list of charges not to prosecute, direction not to seek incarceration for many others, and new guidance on pre-trial detention. Thoughts on these policy changes?

News article:

https://www.nydailynews.com/new-york/ny-manhattan-da-alvin-bragg-crimes-not-prosecuted-changes-20220104-lmu23fwjc5dyvmdthv35tjot5e-story.html

The memo is 10 pages. Please read or skim it if you want all the details and nuance. I will do my best to quote some key points of each section below.

The memo:

https://newyork.cbslocal.com/wp-content/uploads/sites/14578484/2022/01/Day-One-Letter-Policies-1.03.2022.pdf

>The following policies and procedures are effective immediately.

>A. CHARGING

>The Office will not prosecute the following charges, unless as part of an accusatory instrument containing at least one felony count:

(Marijuana, fare evasion, trespassing, aggravated unlicensed operation, traffic infractions, resisting arrest, obstructing governmental administration in the second degree, prostitution.)

>B. PRETRIAL DETENTION

>There is a presumption of pre-trial non-incarceration for every case except those with charges of homicide or the death of a victim , a class B violent felony in which a deadly weapon or dangerous instrument causes serious physical injury, sex offenses in Article 130 of the Penal Law, domestic violence felonies or charges of PL Β§ 215.50, public corruption, rackets, or major economic crimes, including any attempt to commit any such offense under Article 110 of the Penal Law. For any charge of attempt to cause serious physical injury with a dangerous instrument, ADAs must obtain the approval of an ECAB supervisor to seek pretrial detention

...

>C. DISPOSITIONS

>The Office will not seek a carceral sentence other than for homicide or other cases involving the death of a victim, a class B violent felony in which a deadly weapon causes serious physical injury, domestic violence felonies, sex offenses in Article 130 of the Penal Law, public corruption, rackets, or major economic crimes, including any attempt to commit any such offense under Article 110 of the Penal Law, unless required by law. For any charge of attempt to cause serious physical injury with a dangerous instrument, ADAs must obtain the approval of an ECAB supervisor to seek a carceral sentence.

...

>When seeking a carceral sentence, the following rules apply, absent exceptional circumstances:

>For a determinate sentence, the Office will request a maximum of 20 years.

>For an indeterminate sentence other than one with a maximum of life, the Office will request no more than a maximum of 20 years

... keep reading on reddit ➑

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Hong Kong's Department of Justice requesting the courts to postpone national security law cases of 47 pro-democracy primary candidates to February of next year. It means that 33 of them will have been held in pre-trial detention for almost a year, without bail.
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20 people in camouflage tried to attack the pre-trial detention center in Taldykorgan, 1 attacker was wounded, 1 killed - the Ministry of Internal Affairs of Kazakhstan
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In Switzerland, suspected criminals are held in pre-trial detention more often than in other countries, and these prisoners are more likely to commit suicide swissinfo.ch/eng/high-use…
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Wife of 'El Mencho' sentenced to pre-trial detention jornada.com.mx/notas/2021…
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A Visit to the DC Gulag -- This is how totalitarianism looks: The plight of America’s January 6 prisoners in pre-trial detention. spectator.org/a-visit-to-…
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πŸ“…︎ Dec 18 2021
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❗️Nariman Dzhelyalov, First Deputy Speaker of the Crimean Tatar People's Majlis, was transferred from a pre-trial detention center to a psychiatric hospital in Crimea. He was transferred to the 15th department of the Crimean Republican Psychiatric Hospital β„– 1 named after N.I.Balabana
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πŸ“…︎ Oct 09 2021
🚨︎ report
❗️Nariman Dzhelyalov, First Deputy Speaker of the Crimean Tatar People's Majlis, was transferred from a pre-trial detention center to a psychiatric hospital in Crimea. He was transferred to the 15th department of the Crimean Republican Psychiatric Hospital β„– 1 named after N I Balabana.
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πŸ“…︎ Oct 09 2021
🚨︎ report
UN Human Rights: "We are saddened & disturbed by the death of 84-year-old human rights defender Father Stan Swamy, after prolonged pre-trial detention. With COVID-19, it is even more urgent that States release every person detained without sufficient legal basis."
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πŸ‘€︎ u/EddieEhlriCh
πŸ“…︎ Jul 06 2021
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It's been exactly 6 years since the 2015 Bangkok Shrine Bombing. Twenty people died, including foreign tourists. Two Uyghur men accused of engineering the attack remain imprisoned in pre-trial detention. RIP all lives lost on that day. v.redd.it/juqwk5dazwh71
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πŸ‘€︎ u/teeranaic
πŸ“…︎ Aug 17 2021
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Catherine Baksi, The Times: "EXCLUSIVE: Devastating court delays mean that people in prison are pleading guilty to avoid excessive time in pre-trial detention. In today's @thetimes -- from a report by @fairtrials" twitter.com/legalhackette…
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A 25-page Pre-Trial Detention Memo for the "Zip Tie Guy" details how he was armed, stashed weapons outside the capitol, recorded himself, tried to hide evidence, and got caught. (Photos of his arsenal.) courtlistener.com/recap/g…
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Illinois poised to become first state to end wealth-based pre-trial detention theguardian.com/us-news/2…
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πŸ“…︎ Jan 22 2021
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The court extended the pre-trial detention of Viktor Medvedchuk for another two months. Kyiv city - Ukraine Interactive map liveuamap.com/en/2021/2-s…
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πŸ“…︎ Sep 03 2021
🚨︎ report
The Kazan shooter was taken to the psychiatric ward of the Moscow pre-trial detention facility "Butyrka".

Ilnaz Galyaviev was taken to the psychiatric ward of the Moscow pre-trial detention facility "Butyrka" and will soon be sent to the Serbsky Institute for a forensic psychiatric examination, said Alexey Melnikov, the secretary of the Moscow Public Oversight Commission, who visited the facility today, June 15.

β€œGalyaviev is being held in a Moscow pre-trial detention center in a double cell, his current neighbor is accused of causing grievous bodily harm. Galyaviev looks calm, he showed no signs of aggression. He said he fully admits guilt. But the employees of the facility said that on June 12, when he arrived from Kazan, he snapped on the bars, calling himself God",said Melnikov.

The human rights activist also noted that Galyaviev refused halal food, "because he is an atheist".

In the Kazan pre-trial detention center, Ilnaz Galyaviev was placed on a preventive supervision as a person that prone to escape, attacking employees and suicide, added Melnikov.

β€œTherefore, β€œButyrka” has established strict supervision over him. Galyaviev claims that in Kazan he had to ask permission for any action - to get up, sit down, scratch his head. He is also being watched in Moscow, but in different ways, ”said the executive secretary of the POC.

On May 11 Ilnaz Galyaviev killed seven children and two teachers in the Kazan gymnasium 175.

Source

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πŸ‘€︎ u/stiglitzshch
πŸ“…︎ Jun 15 2021
🚨︎ report
β€œShe is a couch fighter” Russian woman Irina Vikkholm will be tried for a tweet about Lukashenka. She disappeared three months ago, and then unexpectedly was found in a Belarusian pre-trial detention center ukrainetoday.org/2021/09/…
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πŸ‘€︎ u/ceesaart
πŸ“…︎ Sep 11 2021
🚨︎ report
Ted Wheeler argues for extended pre-trial detention of protestors to deter them from continuing to protest. A reminder that the Constitution reads "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." twitter.com/i/status/1301…
πŸ‘︎ 867
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πŸ‘€︎ u/Lightbulb9
πŸ“…︎ Sep 04 2020
🚨︎ report
Manhattan DA Alvin Bragg has released a memo including a list of charges not to prosecute, direction not to seek incarceration for many others, and new guidance on pre-trial detention. Thoughts on these policy changes?

News article:

https://www.nydailynews.com/new-york/ny-manhattan-da-alvin-bragg-crimes-not-prosecuted-changes-20220104-lmu23fwjc5dyvmdthv35tjot5e-story.html

The memo is 10 pages. Please read or skim it if you want all the details and nuance. I will do my best to quote some key points of each section below.

The memo:

https://newyork.cbslocal.com/wp-content/uploads/sites/14578484/2022/01/Day-One-Letter-Policies-1.03.2022.pdf

>The following policies and procedures are effective immediately.

>A. CHARGING

>The Office will not prosecute the following charges, unless as part of an accusatory instrument containing at least one felony count:

(Marijuana, fare evasion, trespassing, aggravated unlicensed operation, traffic infractions, resisting arrest, obstructing governmental administration in the second degree, prostitution.)

>B. PRETRIAL DETENTION

>There is a presumption of pre-trial non-incarceration for every case except those with charges of homicide or the death of a victim , a class B violent felony in which a deadly weapon or dangerous instrument causes serious physical injury, sex offenses in Article 130 of the Penal Law, domestic violence felonies or charges of PL Β§ 215.50, public corruption, rackets, or major economic crimes, including any attempt to commit any such offense under Article 110 of the Penal Law. For any charge of attempt to cause serious physical injury with a dangerous instrument, ADAs must obtain the approval of an ECAB supervisor to seek pretrial detention

...

>C. DISPOSITIONS

>The Office will not seek a carceral sentence other than for homicide or other cases involving the death of a victim, a class B violent felony in which a deadly weapon causes serious physical injury, domestic violence felonies, sex offenses in Article 130 of the Penal Law, public corruption, rackets, or major economic crimes, including any attempt to commit any such offense under Article 110 of the Penal Law, unless required by law. For any charge of attempt to cause serious physical injury with a dangerous instrument, ADAs must obtain the approval of an ECAB supervisor to seek a carceral sentence.

...

>When seeking a carceral sentence, the following rules apply, absent exceptional circumstances:

>For a determinate sentence, the Office will request a maximum of 20 years.

>For an indeterminate sentence other than one with a maximum of life, the Office will request no more than a maximum of 20 years

... keep reading on reddit ➑

πŸ‘︎ 6
πŸ’¬︎
πŸ‘€︎ u/magic_missile
πŸ“…︎ Jan 04 2022
🚨︎ report

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