Ollie Ollie Oxen Free!
/
back to the future
New Manhattan DA to stop seeking prison sentences in slew of criminal cases
Manhattan’s new district attorney has ordered his prosecutors to stop seeking prison sentences in a slew of criminal cases, according to a set of progressive policies made public Tuesday.
In his first memo to staff on Monday, Alvin Bragg said his office “will not seek a carceral sentence” except with homicides and a handful of other cases, including domestic violence felonies, some sex crimes and public corruption.
“This rule may be excepted only in extraordinary circumstances based on a holistic
analysis of the facts, criminal history, victim’s input (particularly in cases of
violence or trauma), and any other information available,” the memo reads.Assistant district attorneys must also now keep in mind the “impacts of incarceration” including on public safety, barriers to housing and employment, financial cost and race disparities, Bragg instructed.
In cases where prosecutors do seek to put a convict behind bars, the request can be for no more than 20 years for a determinate sentence, meaning one that can’t be reviewed or changed by a parole board.
The 48-year-old also vowed to stop pursuing many low-level offenses in his note to staff, titled: “Achieving Fairness and Safety.”
So, shoplifters a la San Francisco coming up; gun possession will presumably now be a slap-on-the-wrist offense; how about strong arm robberies? Drug dealing? Defecting on public sidewalks? It’s all good, bro.
Welcome back to Fun City.
Related: How far will the left go to keep criminals out of jail? Horror stories from around the blue states
UPDATE: Two guesses as to who funded Bragg’s campaign: “Soros also donated $1 million to Alvin Bragg’s successful DA campaign in Manhattan, funneling the cash through the Color of Change political action committee, according to public filings.”
As Tom Cotton wrote last month: Recall, Remove & Replace Every Last Soros Prosecutor.
New York State has mandatory minimum sentences for some crimes, which at first blush would seem to place some cap on how wild this new city DA can run, but the key is what specific crime Bragg’s minions choose to prosecute. And he makes clear that they’ll be instructed to lower criminal charge below the level where mandatory sentence provisions would kick in.
Bragg’s memo also detailed the following instructions for prosecutors to reduce charges filed by cops in various cases:
Armed robbers who use guns or other deadly weapons to stick up stores and other businesses will be prosecuted only for petty larceny, a misdemeanor, provided no victims were seriously injured and there’s no “genuine risk of physical harm” to anyone. Armed robbery, a class B felony, would typically be punishable by a maximum of 25 years in prison, while petty larceny subjects offenders to up to 364 days in jail and a $1,000 fine.
Convicted criminals caught with weapons other than guns will have those felony charges downgraded to misdemeanors unless they’re also charged with more serious offenses. Criminal possession of a weapon in the third degree, a class D felony, is punishable by up to 7 years behind bars…
Drug dealers believed to be “acting as a low-level agent of a seller” will be prosecuted only for misdemeanor possession. Also, suspected dealers will only be prosecuted on felony charges if they’re also accused of more serious crimes or are actually caught in the act of selling drugs. That felony would mean facing up to seven years behind bars.
