Tag Archives: justice

FILE- This June 20, 2014 file photo shows the Rikers Island jail with the New York skyline in the background.  New York Mayor Bill de Blasio plans to announce his $130 million, four-year plan to overhaul how the nation’s most populous city deals with mentally ill and drug-addicted suspects, diverting many to treatment instead of jail.  (AP Photo/Seth Wenig, File)

Despite Public Outrage, Bail Reform Still Needed in New York City

In October 2014, New York City erupted in outrage at the story of Kalief Browder. Browder spent three years in confinement awaiting trial for stealing a backpack. Browder–who was 16 when he was first sent to Rikers–tragically committed suicide in 2015. He was held at Rikers because, like many of the City’s most vulnerable residents, he could not post his $3,000 bail.

Money bail, even when set in the hundreds of dollars, is a hurdle that keeps many of the City’s least well-off residents behind bars–awaiting trial–for lengthy periods. A 2010 Human Rights Watch report on the City’s jail system notes that 87% of those who had bail set at $1,000 or less could not pay at their initial appearance, resulting in detention. According to former Chief Judge of the New York State Court of Appeals Jonathan Lippman, “[f]ar too many individuals awaiting trial who pose no risk to public safety are incarcerated simply because they cannot afford to post the bail amount set by the courts.”

Read the rest on The Huffington Post, here.

Police

Pennsylvania’s civil asset forfeiture laws among worst in America

The Institute for Justice recently released the second edition of its Policing for Profit report on the abuse of civil asset forfeiture. According to the report, the Keystone State “has some of the worst civil forfeiture laws in the country.” The Institute for Justice gave Pennsylvania a D-, with only Massachusetts and North Dakota scoring worse.

The city of Philadelphia was especially bad, garnering special notice in the main body of the report for what is described as a “forfeiture machine” that serves as a cash cow for the city police, and district attorney’s office. As the report notes “between 2002 and 2013, forfeiture revenues were equivalent to nearly one-fifth of the Philadelphia district attorney’s budget.”

This low grade is tied to three main factors: the “low bar to forfeit,” with “no conviction required”;  “the poor protections for innocent third-party property owners”; and the bad incentives created by the fact that “100 percent of forfeiture proceeds go to law enforcement.”

Read the rest on Watchdog here.

Law

Civil Forfeiture is the Equivalent of Guilty Until Proven Innocent

Americans understand the importance of the principle of innocent until proven guilty. However, a problematic, growing government program turns this long-standing ideal on its head. Civil forfeiture allows law enforcement to take personal property without even accusing individuals of a crime, much less proving them guilty beyond a reasonable doubt.

On Tuesday the Institute for Justice released Policing for Profit, a report that shows the growth in this abuse of power. Civil forfeiture does not just need to be curtailed—it needs to be ended.

Read the rest on CapX America here.

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The Problem with Rolling Stone Isn’t Bad Journalism; It’s Liberals Who Are Illiberal

On Sunday, Rolling Stone published a report authored by scholars at the Columbia School of Journalism about the magazine’s repeated failings with regard to its notorious University of Virginia rape article.

Since the report was published, an array of commenters have lamented the supposed death of journalistic standards in the Internet age. What they should really be worrying about is something even scarier — the death of liberalism itself.

By “liberalism,” I do not mean American liberalism (or progressivism, as it is more accurately dubbed), but rather liberalism in the classical sense. That is, the system of free speech, property rights, and the rule of law that serves as the foundation of Western society. The fact that Sabrina Rubin Erdely could print such a libelous article without a peep of inquiry from Rolling Stone’s editors, and the article could cause such a frenzy so as to suspend fraternity life at UVA without a disciplinary hearing, points to an even deeper cancer than one of journalism.

Due process is under threat at modern American universities, as is evident in the case of sexual assault. Instead of respecting law enforcement’s responsibility to investigate, try, and punish actual rapists, universities instead opt to hold such hearings in kangaroo courts in the form of disciplinary hearings — where the burden of proof is almost always lower than that of actual criminal courts.

As such, it boggles the mind to think of all the former students who have been expelled and had their professional lives ruined because of a false rape accusation that their university, and not a court of law, deemed to be true.

Read the rest at Rare…