Westlake Word

A new law has been established and put in place as of 2020for New York State. The law eliminates cash bail for most misdemeanors and non-violent felony crimes. It was created to reduce the number of incarcerations in jail, however, this has sparked numerous debates and controversy over its effectiveness and reliability. 

 

There are numerous consequences and downsides in having this new law put in place in New York State. 

 

According to Orange County District Attorney, David Hoovler:, we can't change the justice system without consequences, and crime has spiked and people are no longer in jail. Many people are being rearrested and this has almost doubled in Orange County.

 

Criminals are taking advantage of the new law and after being set free, they are committing more crimes, increasing the crime rate.

 

Orange County District Attorney, David Hoovler, said that, violent crimes have decreased but this was only because numerous crimes are now being considered non-violent, such as assault, theft, rape, and domestic violence.

 

Many offenses have changed what they classify under. Now, there are many crimes that are considered non-violent. This increases the amount of crimes a person can commit, while still being able to be set free right after.

 

According to Orange County District Attorney, David Hoovler, “We want the most fair and admirable system but getting that is costly. There are no checks and balances in our state when it comes to passing laws.”

 

Money is a main issue when solving these types of problems. Passing laws is an important aspect of running a state and without checks and balances comes negative effects. 

 

DA  Dave Hoovler has been in the criminal justice system since 1998, said, the law is  “Well intended, but probably goes too far. Do things right and properly funded.”

 

The intent of the new law is all well and good, however, it can not work to its full potential without the right amount of money supporting it and a perfect world where people will stop committing crimes after getting arrested. 

 

Mr. Keith Schenker, Westlake High School Principal, said people can essentially get away with many crimes under this new law. 

 

Hoovler agrees, saying, "A person could have a truck load of cocaine and still not be kept in jail." 

 

People not being sent to jail for serious crimes like drug trafficking is a major problem in the new system. These criminals should be held in jail until their court date to make sure they don’t get away or commit more serious crimes. 

 

Opposition and those who argue in favor of the new law, such as The Legal Aid Society in New York and other advocacy groups, in the article, “The reason for ending cash bail in NY: Why advocates want no changes,” by Joseph Spector and Jon Campbell say that, "This is about protecting New Yorkers’ fundamental right to a trial rather than facing extreme punishment before the trial has even begun."

 

The new law helps those who are innocent from facing severe punishments. It allows people to not be treated as if they were guilty before they even go to court. 

 

However, Jesse McKinley, in his article, “Why Abolishing Bail for Some Crimes Has Law Enforcement on Edge,” stated that, “Under the new law, judges will no longer be able to set bail for a long list of misdemeanors and nonviolent felonies, including stalking, assault without serious injury, burglary, many drug offenses, and even some kinds of arson and robbery.”

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For all these crimes, criminals are being let loose again. This will raise the crime rate, because the new law is making the court system less strict and less consequential.

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According to McKinley, “Now, as the rules take effect on Jan. 1, a backlash has arisen among numerous district attorneys, judges, county legislators and law enforcement officials, who are sounding alarms and raising the specter of dangerous criminals on the loose.”

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Criminals are being let loose on the streets again after committing crimes. This means that they can commit these crimes again or get away with their previous crime. People can commit four crimes in one day and still be let free. 

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Overall, the state government should re-evaluate the benefits and negatives of this new law and institute a safer version of this law to ensure public safety, as well as a fairer system..