As public defenders, we have long known that our everyday fight for basic fairness and justice is really a fight for public health.
The spread of Coronavirus has exposed the inhumanity, waste, and danger of a criminal legal system that public defenders have long known has completely traded away public health for pain and punishment.
The inhumanity, waste, and danger of our punishment approach is clearer today than ever, as Coronavirus tears through our communities and has now begun to ravage jails and prisons across the United States.
We are just weeks into an unprecedented pandemic and things are only going to get significantly worse. We must act decisively and responsibly to protect not only those we represent, but those, who work in courts, jails, and prisons, as well as our entire community.
Public defenders are now serving as critical first responders to this crisis: Working around the clock diligently and proactively to defend everyone in our states, cities, and counties. Not just in court. But speaking up outside of court too. It's extraordinary to see.
We see and understand what is happening on the ground in this pandemic and know what needs to be done for humanity, public health, and public safety.
To stem the spread of this deadly virus, we must drastically reduce the number of people in jail and limit new admissions to exceptional circumstances. And we must do so now. No more line drawing. No more hemming. No more delay. Now.
This is a matter of life and death.
The same measures needed for public health & safety in the community—social distancing, prevention, & containment of the virus—are also needed for jails & prisons. Yet jails & prisons now cannot do so given the number of people currently detained & working there.
Right now, imagine how scared you are about contracting this virus. The precautions you take. Then think about how, right now, hundreds of thousands are trapped in close quarters. No ability to distance. To protect themselves. People are terrified & upset. And we should be too.
Mothers & fathers. Grandparents. Those who've experienced trauma. Suffer from serious health issues. Living in poverty. Jailed solely bc they can't buy freedom. Serving short stints on low level offenses. Jailed solely on technical parole violations (like missing curfew).
Yes, there are people charged w/ offenses deemed to be violent, but:
1. Those in jail pretrial are presumed innocent.
2. Many crimes called “violent" involve no physical contact.
3. No one deserves to be infected by a deadly virus when there is something that can be done.
1. Those in jail pretrial are presumed innocent.
2. Many crimes called “violent" involve no physical contact.
3. No one deserves to be infected by a deadly virus when there is something that can be done.
The need for decarceration is not just about those inside or those who work there.
Coronavirus in jails should concern all of us: new research shows jails contribute deaths in the greater community. Jails are short-term facilities & operate as revolving doors, not just for those incarcerated, but those who work there. theappeal.org/coronavirus-ja…
While we are taking steps to prevent COVID-19 infection in our community to stay inside, social distance, & be vigilant with sanitization, these efforts will be worthless if we don’t act rapidly to prevent infection in jails/prisons. Starting point: decarceration.
Significantly fewer people in jail will:
-Limit the spread of COVID-19 among people jailed & those working there.
-Minimize those jailed who will need medical care.
-Decrease density of housing areas for people who remain.
-Allow communities to maintain support from loved ones.
-Limit the spread of COVID-19 among people jailed & those working there.
-Minimize those jailed who will need medical care.
-Decrease density of housing areas for people who remain.
-Allow communities to maintain support from loved ones.
Rikers Island, the jail complex in New York City, underscores the danger of waiting too long. The first confirmed report of a New York City jail staff member testing positive for COVID-19 occurred on March 18. Ten days later, Rikers has the highest infection rate IN THE WORLD.
Incredibly, Rikers & other NY jails could be even worse. Thanks to bail reform enacted on January 1, 2020, no one is currently jailed on Rikers Island pretrial for misdemeanors & non-violent felonies. Thousands protected from exposure. Families together. Community made safer.
Incredibly, not only has @NYGovCuomo & @NYCMayor done little to decarcerate, the Mayor won't order NYPD to slow down arrests & the Governor, right now, is working w/ Democrats in the NY Senate (@NYSenDems) to *kill bail reform* to give judges more power to send people to jail.
There are some bright spots around the country. Some models to follow.
In Santa Clara, CA, the public defender office, DA, & sheriff are working together to release at least 600 (or 20% of the jail’s current population). Silicon Valley De-Bug (@svdebug) is simultaneously working to expand community supports: housing, food, & social work services.
In LA, the number of daily arrests fell by 80%. The county jail population has dropped from over 17,000 to 15,300. We expect that this number will drop by an additional 2,000 as efforts continue.
New Jersey, by order of the state chief justice, is releasing one thousand people from jails across the state who are detained on probation violations and municipal offenses.
And incredible immigration litigators from @BklynDefender, @LegalAidNYC, & @BronxDefenders in NY just got federal judges to rule that holding immigrants in ICE detention in deplorable conditions where they are at high risk for infection violates the constitution.
If we all (not just leaders, but the public to support them) have the courage to do what is necessary & right, at some point, hopefully soon, this pandemic will be behind us. And we will have prevented thousands and thousands of needless deaths.
But once COVID-19 passes, we cannot then just go back to business as usual.
We, as public defenders, know how community investment, treatment, living wages, & affordable housing, are all better for public health and safety than jail or a criminal record. We know that from rigorous studies, but we also know through experience.
Unfortunately, historically, we have responded to societal problems like poverty, homelessness, substance abuse, and mental health issues with gut reaction, irrational responses: more arrests, more pretrial jail, and more incarceration.
The result: The criminal legal system--courts, jails, and prisons--are bloated, while our public health systems are scarce.
We must significantly reduce our reliance on the criminal legal system to solve societal ills. We have decades of hindsight and now a pandemic to show us the short-sightedness and failure of this so-called “justice” system.
So I'll end where I started: As public defenders, we have long known that our everyday fight for basic fairness & justice is really a fight for public health. We must move away from punishment and move forward to public health. In the meantime: start saving lives. #ReleaseThemAll
