NCJ Number
50895
Journal
Columbia Human Rights Law Review Volume: 8 Issue: 2 Dated: (1977) Pages: 15-20
Date Published
1977
Length
6 pages
Annotation
A CRIMINAL COURT JUDGE CRITICIZES ARREST, ARRAIGNMENT, AND PRETRIAL HEARING PRACTICES THAT DISCRIMINATE AGAINST MINORITIES AND THE POOR.
Abstract
THE NEW YORK CITY POLICE DEPARTMENT IS ACCUSED OF NOT ALWAYS READING DETAINEES THEIR RIGHTS (OR MAKING CERTAIN THAT THE RIGHTS ARE UNDERSTOOD WHEN THEY ARE READ), AND OF MAKING DETAINEES UNDERGO AN ORDEAL OF WAITING, AT TIMES BECAUSE THE ARRESTING OFFICERS WANTS TO SEE A PARTICULAR DETAINEE HELD IN JAIL AND THEREFORE WAITS UNTIL A JUDGE LIKELY TO DENY PRETRIAL RELEASE IS ON THE BENCH. DEFENDANTS ARE URGED TO SPEAK OUT AT THE ARRAIGNMENT WHEN THEY FEAR THEY ARE GOING TO BE VICTIMIZED BY AN UNREASONABLY HIGH BAIL. IT IS POINTED OUT THAT MANY JUDGES TAKE INTO CONSIDERATION WHETHER THE DEFENDANT IS LIKELY TO COMMIT ANOTHER CRIME IF GRANTED PRETRIAL RELEASE. THIS LINE OF THINKING IS SAID TO RUN COUNTER TO THE PRESUMPTION OF INNOCENCE. THE DELIBERATE SETTING OF BAIL AT AN AMOUNT KNOWN TO BE BEYOUND THE REACH OF THE DEFENDANT IS SAID TO AMOUNT TO PREVENTIVE DETENTION. DEFENDANTS WHO HAVE BEEN VICTIMIZED BY UNREASONABLY HIGH BAIL ARE URGED TO COMPLAIN AT THE PRETRIAL HEARING, CITING THE PURPOSES OF BAIL AND THE PRESUMPTION OF INNOCENCE. DEFENDANTS ARE ALSO URGED TO DEMAND THAT, IN EXCHANGE FOR THE DRASTIC PRETRIAL MEASURE OF KEEPING A CITIZEN IN JAIL, THE PROSECUTOR BE COMPELLED EITHER TO REVEAL ALL EVIDENCE AGAINST THE DEFENDANT OR TO ACQUIESCE TO THE DEFENDANT'S RELEASE. THE FAILURE OF MOST JUDGES TO UNDERSTAND THE GHETTO WAY OF LIFE IS POINTED OUT. FOR EXAMPLE, MANY JUDGES TEND TO THINK THAT YOUNG DEFENDANTS WHO CANNOT GIVE A PRECISE STREET ADDRESS FOR A FRIEND ARE LYING, FAILING TO RECOGNIZE THAT MANY GHETTO YOUTHS KNOW EXACTLY WHERE THEIR FRIENDS ARE BUT CANNOT GIVE AN ADDRESS. JUDGES ARE URGED TO TREAT DEFENDANTS AS THEY THEMSELVES WOULD WISH TO BE TREATED WERE THEY EVER TO STAND ACCUSED. (LKM)