Manhattan’s new district attorney began this week to adopt the lenient policies he campaigned on, setting the stage for potential conflict inside and outside his office as he tries to change the way criminal justice is administered in the borough.
The district attorney, Alvin Bragg, told prosecutors in his office in a memo that they should ask judges for jail or prison time only for the most serious offenses — including murder, sexual assault and economic crimes involving vast sums of money — unless the law requires them to do otherwise.
The crimes he instructed prosecutors to avoid seeking jail time for include certain robberies and assaults, as well as gun possession. He also directed that they no longer request prison sentences of more than 20 years absent “exceptional circumstances.”
Mr. Bragg’s goal is to reduce the harm the criminal justice system does to defendants, an aim he seeks to balance with the need to keep the public safe.
Although the new policies had long been expected — Mr. Bragg released a draft version during the campaign — their immediate adoption caused some confusion within his office. About 500 prosecutors must now decipher a complicated legal memo and figure out how to apply it to their active cases. Adding to the confusion is the fact that much of the office is working remotely.
The policies, which prompted an immediate backlash among conservative critics and in some law enforcement circles, may prove difficult to champion politically with New York City continuing to experience a sharp increase in murders and shootings.
In a statement, the Detective’s Endowment Association, which represents 5,000 active police detectives in the city, said the changes would “undermine the ability of the police to make arrests that lead to reduction of crime.”
James McGuire, who worked as a prosecutor in Manhattan and was chief counsel to Gov. George E. Pataki, a three-term Republican, said Mr. Bragg’s policies might bring him into conflict with other elected leaders, including Mayor Eric Adams, who ran, in part, on a law-and-order platform.
“These policies may be a challenge to the mayor and what he’s campaigned on,” Mr. McGuire said.
Asked about the district attorney on Wednesday in an interview with CBS, Mr. Adams said he knew and respected him, calling him “a great prosecutor.”
Mr. Bragg defended his plan in a Twitter thread on Wednesday.
“These policy changes not only will, in and of themselves, make us safer; they also will free up prosecutorial resources to focus on violent crime and bigger cases that make us safer,” he wrote.
In an interview before he took office, he said he had used the transition period since the election to “stress-test” the policies.
“There will be gaps and gray areas and people who don’t agree,” he said, adding that he was happy to discuss the new guidelines with members of his staff but that he would be less tolerant of “recalcitrance” on the part of prosecutors who are not interested in adhering to the underlying principles.
Mr. Bragg has also said he does not plan to prosecute some misdemeanors, including prostitution and fare evasion, that his predecessor, Cyrus R. Vance Jr., had already stopped charging as crimes.
But he is adding several misdemeanors to the list, including the stand-alone charge for resisting arrest. Those who resist arrest by attacking police officers will still be charged.
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1 comment:
Has anyone considered certifying him to Bellevue psychiatric?
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