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More power for judges: New York tries to rewind bail cancellation law

'03.07.2020'

Vita Popova

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The law on the abolition of bail from the very beginning raised many questions. He deprived judges of the opportunity to decide whether a person poses a threat to public safety. But now the courts have been given more power in making such decisions. The publication shares the details New York Post.

Photo: Shutterstock

The Law on the Abolition of Bail, which entered into force on January 1, 2020, allows criminals who have committed non-violent offenses to be free. Often such people repeatedly commit crimes, but more serious ones.

On Thursday, July 2, a series of new provisions officially launched in New York in connection with the approved state budget. This led to some changes that affected the reform of the collateral.

In particular, the changes restore a certain power in the judicial system, which law enforcement officers have begun to call too weak since the law on the abolition of bail came into force.

Now, some charges declared inadmissible for release on bail in accordance with this law are again “qualifying crimes”. These include: trafficking for the purpose of sexual exploitation, money laundering in support of terrorism, possession of weapons on the school grounds, first-degree firearms attack, and any crime resulting in death.

On the subject: How New York Abolition Law Affects New York Crime

Judges also have the right, at their discretion, to establish a pledge in criminal cases in which the accused was on probation or under supervision after release, and in cases in which the accused (if found guilty) would qualify as having committed a serious crime.

The terms that the court can establish for release in cases where the bail cannot be imposed, including the delivery of the defendant's passport and an agreement that he will not come into contact with other parties involved in the case, are also expanded.

“It was a long struggle, but we persevered and were able to make significant changes to the failed bail reform adopted by the one-party governor in last year's budget,” said Nicole Malliotakis, a Republican American politician and member of the New State Assembly. York from the 60th and 64th constituencies.

But proponents of bail reform have resented the change. “These unfair kickbacks were allowed to move forward even when we all knew deep down that it was wrong,” said Assemblyman Latrice Walker, Democrat and Assemblyman in New York's 55th Assembly District.

As ForumDily New York wrote earlier:

  • It is thanks to the law on the abolition of bail hundreds of looters in New York are free.
  • At the beginning of this year, after the law on the abolition of bail came into force in New York, an exempted immigrant criminal killed a 92 year old woman.
  • In the same month, another man accused of four bank robberies in New York also was released by law of January 1, 2020.
  • In February, New York police thrice in one day were arrested of the same attacker. However, the officers were forced to release the detainee due to the new law on the abolition of bail.
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