Thank you for sharing!

Your article was successfully shared with the contacts you provided.

As a New York state court judge who has presided over felony criminal cases in Manhattan for the past 11 years, I am gratified that the Legislature and the Governor are on the verge of enacting landmark reforms to our state’s pre-trial securing order system designed to significantly reduce the number of criminal defendants who are incarcerated before trial. But I also have significant concerns about the specific reforms now being negotiated.

First, in my view, it would be a mistake to eliminate all forms of monetary bail under any circumstance, as has been proposed. Significantly reducing the use of monetary bail would be a better option. Second, our state’s new securing order system must not enact inflexible rules which judges would then be required to mechanically apply to defendants who have particular characteristics, for example, a rule which would require specific kinds of securing orders for defendants charged with particular kinds of crimes. Third, the new system should not impose technically complex and potentially unworkable procedures on courts issuing securing orders. What is needed are new presumptive guidelines which channel judicial discretion in a manner which significantly reduces pre-trial incarceration, while allowing judges to confront each unique case before them with the widest possible array of options. Finally, for any reform to be successful, it must be backed by the significant financial resources which will be necessary to safely manage a large number of new criminal defendants in the community.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.