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Worked two back to back night court shifts last week. 18 hrs in Brooklyn criminal court. $35k bail set (not including $500k outlier). Witnessed: Prosecutor power. Shame. Fear. Health crises. Court watchers. Lost housing. A judge unwilling to follow law. Resilience. Observations:
Every time a prosecutor asked for bail, judge set bail. Every time they consented to release, no matter crime, the judge released. Prosecutors have power effectively to end cash bail if they wanted to. Their requests are single greatest determinant of whether bail will be set.
I called out a woman’s name. She spoke no English. Another woman walked into interview room. Didn't know her, but reassured her all would be ok. I showed her a sheet w/ various Chinese dialects. Pointed to “Fuzhou.” No interpreter available. She’d spend the night in that cell.
I was struck but not surprised by how kind the other woman was to this older, terrified Chinese woman. She was so happy for her when her name was called & gave a hug when I communicated as best I could I couldn't help her tonight. Humanity perseveres even in inhumane conditions.
Two of my clients lived in special shelters they fought to gain admission into. They had case workers. Medical attention. Counseling. Assistance finding work. Any amount of bail—even $10—meant not only jail but homelessness. I told judge this. Jailed them anyway. That's illegal.
NY law only allows bail in amount necessary to ensure return to court. Not amt that will ensure return to court in shackles. Any amt more than a person can afford is per se excessive. Yet time & again, this judge (as others) set bail knowing it will only result in human caging.
For explanation of how and why judges can so easily & routinely violate the law & get away with it, here is how I explained it to a group of brilliant fifth graders who were furious that a judge would set bail knowing it was far beyond someone's means.
8/10 clients were there in part bc of substance abuse &/or mental health. Arrest, prosecution, jail are not solution. Only make things worse. If we want to end mass criminalization, we have to understand that the criminal legal system is ill-equipped to address public health.
Within a day of requesting bail be set on 2 cases of individuals w/ mental health & substance abuse issues, prosecutors called me to ask about treatment offers. Far better than incarceration. Unfortunately, they’re now jailed & will be for weeks minimum while evaluated & placed.
A client of mine was on chemo meds. 6 surgeries, 3 blood transfusions, stage 4 lymphoma in remission. Falsely accused of holding a knife & saying “I love you” to his ex-gf. Ordered remanded by parole. No possibility of release until they decide whether there was a violation.
Due process doesn't exist when it comes to parole. If parole officer says there might be a violation youre arrested. Once arrested, no ability for release. No bail hearing. Jailed pending hearings that can take weeks/months to happen. No right to appointed counsel.
Even if the case that got him arrested goes nowhere--as I suspect--and is dismissed, he could *still* be violated by parole simply for being arrested (i.e. having contact with law enforcement). There is something deeply wrong about that. And by something, I mean everything.
One of our social workers from our jail services team checked on this man following morning to ensure he was receiving his meds (he was). Meanwhile, my colleagues & I worked w/ his sister to get his belongings from his shelter. Lost his home. At least he didn't lose his stuff.
At 11pm on Thursday night, a young sullen woman in a hoodie was walked into the front of court in cuffs behind her back by 3 plain clothes detectives. She was a witness in an ongoing trial. A judge signed a “material witness” order. Arrested, she’ll be caged until she testifies.
Keep in mind: She committed no crime. She may have been (probably was) afraid for her life. And here she was. Warrant detectives knocked on her door late at night. Cuffed her. Hauled her in front of a judge. Back cuffed.
Speaking of cuffs: Everyone, whether or not theres any reason to believe they may do something violent, is brought out in front of the judge w/ their hands cuffed behind their back. When they have to sign something, they're asked which hand they use. They sign. Cuffs back on.
Being back-cuffed at the first appearance has a major impact. On future dates when people return to court after release & walk up from the audience, they instinctively put their hands behind their backs & hold them together. Not cuffed, but they might as well be. State control.
Many people waiting in the cells were sick from withdrawal. Loud, violent vomiting in the cells behind the courtroom all night. It was hard to interview clients over the noise. One older man almost vomited while in front of judge. Court reporter laughed in relief when he didn’t.
Withdrawal symptoms & dope sickness are common at arraignments. Often people will ask to go the hospital. Others try to push thru so their appearance doesn't get delayed. It's a horrible thing. Real human suffering. Nothing I can do about it, but acknowledge how bad it must feel.
Saw volunteers from @CourtWatchNYC in audience. Always so encouraging to see. I went up & introduced myself. Said I was happy to answer any questions. When bail was set on one of clients who’d lose his shelter, they came out to share frustration. They said they’d share the story.
Proposed rule: Prosecutors should not be allowed to cite "reported mental health issues" when asking for bail. The only purpose for doing so is to scare judges already disinclined to release someone. Happens all the time. We object. But damage already done once disclosed.
Proposed rule: Prosecutors should not be allowed to cite "possible gang ties" when asking for bail. The only purpose for doing so is to scare judges already disinclined to release someone. Happens all the time. We object. But damage already done once disclosed.
This also happened: A person who in just 7 months will be *required* to be released with no bail in under the new NY bail statute had bail set for allegedly knocking on a door bc he wanted to collect his belongings.
Another reality reinforced over the last two days of night court: “Ability to pay” bail is very different from “ability to afford bail.” Difference btwn eating, paying rent, bills, school, health, transportation.
