On January 15, 2018, the New York Times published an op-ed by Governor Andrew Cuomo on New York's commitment to bringing real fairness to the state's criminal justice system through a progressive, comprehensive multi-pronged plan.
The fundamental tenet of criminal law in the United States is that all those accused of a crime in this country are presumed innocent unless proved guilty beyond a reasonable doubt. That fundamental principle is not limited to American law; it was also part of Roman law, Islamic law and English common law. This bedrock safeguard has been ratified on more than one occasion by the Supreme Court and is codified in the United Nations Universal Declaration of Human Rights.
And yet, despite the centrality of this protection, in New York City jails, where 86 percent of the population is black or Hispanic, 75 percent of inmates have not been convicted of a crime. They are simply incarcerated awaiting trial.
A similar story exists in jails across the state, where 60 percent of the incarcerated are being detained pretrial.
How is this possible? How is it that we have a system in which punishment is imposed before one is found guilty?
It begins with the inadequacies of our bail system.
Most people who are arrested in New York are released on their own recognizance. But others, including many who are charged with nonviolent crimes, are required to obtain bail to avoid pretrial detention. The problem is that many people lack the cash to make bail.
As a result, our jails are filled with people who have yet to be proved guilty of any crime, and the system today has devolved into one with two tiers: If you can make bail, you are set free; if you are too poor to make bail, you are punished.
Click here for the full article.
Source: Press Office, Governor Andrew M. Cuomo
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