Of course I understand that judges have a responsibility to make sure that sentences are carried out. I dont have an answer to this quandary, but there has to be a better way than fining people and dragging them into court every other week. Find calendar information for an attorney or firm and email copies of your Calendar. Imagine being locked in a cage and spit on by someone who may have the coronavirus; stripped of hand sanitizer, soap, and toilet paper while living in a hall with dozens of strangers; or fed misinformation and facing punishment for publicizing your dreadful conditions. For individuals without a (steady) job that pays a living wage, even a one-time $200 fine and a $120 fee can produce years of headache. She countered, of course I believe that probation reports are significant in determining courses of action. Nevertheless, she went on to explain that in this case she believed that the probation officer made unfair judgments of character and used inaccurate conclusions about his relationship with his children to falsely conclude that he was unable to cooperate with probations terms. This helps keep citizens informed about the actions of law enforcement in their area. The continued policing of having phones in court, regardless of whether they were making noise, serves to signal who has power and who doesnt. He only announces this once, so as the defendant enters the other court watcher and I have to scramble to find the matching case form we prepared to record what happens. This left me thinking, was the level of security happenstance or in fact, evidence of racism? For each case, a court officer reads aloud the case number. Police continued to use excessive force and target minority communities. The prison system also underwent massive changes during this time. Similarly, the new risk assessment proposals could divide our judicial system into a structure for most white people to be free and many people of color to be detained. Around this time, I also started to feel more familiar with the courts language. In 1982, it was added to the National Register of Historic Places. I knew very little about the process in court before I became a court watcher. I was filling out page after page of case numbers, charges, and birth years. Three years later the state legislature appropriated funds for a new one, which stood for almost a century. If they happen to have a job, appearing in court often requires taking time off of work, which seems to defeat the purpose. As a result, the incarceration rate surged by 67 percent between 1926 and 1940, and the proportion of African American inmates increased by one-third (Alder, 2015). Many correctional officers at Fishkill have been stealing the hand sanitizer that has finally been delivered to the prison, while the units of 35 inmates only receive at max two bottles of watered-down bleach each day to clean their quarters with. Requiring officers to identify themselves and explain their actions promotes a more consistent, respectful, and community-minded approach to enforcement activities while also potentially reducing the likelihood that a routine police stop will turn violent. Finally, she pointed out that probations assessment had nothing to do with the charges he was facing. On one side sat the judge, the clerk, the probation officer, and attorneys who were predominantly white. But I paused at one defendant whose birth year was 2001.. On a more local level, ENJAN has also been working with NYCLU to support the passage of the Right to Know Act (RTKA).
Incarcerated citizens in our community are at severe risk of coronavirus. I scrawled down the emotions (or lack of them) in the courtroom, the stories behind the legal jargon, and the actions that impact each defendants fate. I felt like something was off there was some dissonance between her alleged offense and the sheer number of police officers surrounding her. Coupled with the federal governments War on Drugs, it is plain to see how "broken windows" policing has given police the requisite discretion to target and decimate low-income and minority communities under the guise of promoting public safety. Because the defendant had presumably been armed with a deadly weapon, the charge was a class B felony. This law allowed the police to hide the outcomes of disciplinary hearings and body camera footage from the public. Find New York State Civil Supreme Court cases by party name. Later alterations were made under the direction of Charles Cooke, who designed the nearby offices of the Poughkeepsie Journal.
More troubling, the prison nurses are hiding inmates body temperatures from them.
He said that the boy grew up in an institution without a father or mother. In fact, U.S. municipalities where public drinking is legal do not have any of the serious problems that open container laws claim they are preventing. These rollbacks will give judges even more power to determine whether a defendant should receive pretrial detention through a risk assessment or a dangerousness standard. From walking through the metal detector to the incessant comments of the court officers, the court room is filled with little signals that repeatedly remind people of their position. I managed to take detailed notes about the proceedings while also jotting down personal observations. with your attorney. Either there was insufficient evidence for the original charge or no robbery had in fact taken place. Editors Note: In response to the death of George Floyd and marches calling for significant police reform, Court Watch of Dutchess County has decided to post a multi-part series called Policing in America, to educate the public on the racist evolution of policing in America and reform solutions that put the welfare of marginalized communities first.
While judges must enforce the law, it is also reasonable to expect them to demonstrate some empathy for the everyday realities of peoples lives. Im reminded of another case where a man was censured for missing a court date. Nevertheless, there is something wrong and callous about assuming there is absolutely no reason why the defendant might have difficulty remembering his address. The defendant further remarked that it was very difficult for him to get a job because of his record. Broken windows policing is one mechanism through which the police have targeted the most marginalized communities in our society. The public defender is the jock who tries to get along with everyone. The judge then requested probation to report its recommendations. Watching this case, I had to think about the blunt racial divide in Poughkeepsie City Court. An incarcerated individual at Eastern Correctional Facility told us that the lack of medical equipment has meant that officers need to search inmates with the same pair of gloves on [that] they searched the last fifteen guys with. Overall, this policing method has been shown to be deeply flawed, not only because it fails to deter larger crimes but because it has increased the numbers of arrests and fines for more marginalized populations, particularly for those who occupy public spaces, like homeless people and sex workers. I am always taken aback by the simultaneous hyper-visibility and sense of absence associated with defendants in Poughkeepsie City Court. Meanwhile, the young defendant seemed distraught, staring at the floor and shaking his head back and forth. The reason that we seldom hear about the inadequacies and corruption of prisons in their handling of the coronavirus is that correctional officers control inmates speech to outside sources. Sternly, he concluded the hearing by announcing that he will check the transcript to confirm the dog order and proceeded to threaten the teenager with more jail time if the pet was found at their home. Rolling back bail reform will only add to the already present racial inequality in our judicial systema situation that Michelle Alexander has famously called the New Jim Crow. To support the Right to Know Act in Poughkeepsie, contact members of Poughkeepsies Common Council. Drunkenness was decriminalized and reframed as a public health issue.
for a listing of the courts actively sending e-track email messages at this time. This segregational Jim Crow policy systematically divided cities and towns into affluent white neighborhoods and poor neighborhoods of color. While most people support restrictions on public drinking, it is important to pause and consider who can afford access to private gathering spaceslike bars and restaurantswhere drinking is legal. ENJAN supported both initiatives and lobbied legislators in Albany for their passage. When he heard that the fine for an open container was $100, he exclaimed: Thats one expensive can of beer! Everyone in the courtroom laughed, and the judge responded by saying that what was more surprising is that the same people keep coming in with the exact same charge over and over again. The lack and lateness of testing endanger the correctional officers and those who are incarcerated. The case was adjourned until Monday. But the most likely possibility is that he might not have been living at this address for very long. To support her claim, she rattled off some examples within the report where the probation officer conveyed that the defendant was noncompliant with answering questions and had no meaningful relationships with his children. The public defender, who was present for the entire interview, revealed that the particular probation officer repeatedly asked questions in such detail that she had to intervene: I think he answered the question, can we move on? After noting that the defendant expressed to her how important his children were to him, she argued that a half-hour meeting with probation is an insufficient instrument for determining the quality of her defendants relationships.
verify any upcoming court appearance dates. Below is a map of the number of positive coronavirus tests in each prison in New York. New York State bail reform, as it was enacted on January 1, 2020, significantly reduced classism and unnecessary confinement by eliminating bail and pretrial detention for most non-violent offenses. The correctional officers control of information exacerbates the dangers of the coronavirus. And it is madness. If youre sitting here in the court, you cannot be trusted: not with your phone, not with food or water, not with your own decisions. Even the units that are quarantined are not properly cleaned or given additional disinfecting supplies. For example, searching OConnor, o connor, or O'Connor will yield the same results. The Corporation Counsel for the City of Poughkeepsie, who had just entered the courtroom for this one case and was presumably getting a look at it for the first time, explained that this wouldnt be necessary. While judges always have the right to impose a different sentence than requested by the district attorneys office, the outcome in this case is part of a regressive policy that, according to a report by the Fines and Fees Justice Center (FFJC), amounts to a racialized tax reminiscent of the Jim Crow era (p. 4). Also contact your local senator and assemblyperson to thank them for passing the Safer New York Act.
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