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Nothing is more dangerous to community safety than a prosecutor unwilling to enforce the law. But in New York, a close second is the “justice” system, where elected Democrats consciously undermine communities’ ability to detain dangerous criminals.
If you’re wondering how a group of illegal aliens could brutally murder two New York City police officers in broad daylight and on video near Times Square, consider the toxic combination of these two factors.
It is commonly believed, albeit incorrectly, that there is a right to bail. In other words, it is believed that those arrested should be released from custody until the end of their trial. It is understandable that many of us have this misconception. After all, under constitutional due process principles, defendants are presumed innocent. And the Eighth Amendment talks about setting bail.
Immigrant who fled after allegedly beating New York City police uses stolen cell phone to buy car, pool and return home: report
But let’s look more carefully. The proposed amendment states that “excessive bail shall not be required.” That doesn’t mean bail must be set in every case. This means that in cases where bail is set, that is, where pretrial release is appropriate, bail conditions cannot be set so high that the defendant cannot meet them.
If a person of limited means were charged with petty theft, it would be foolish to set bail at, say, $1 million. The defendant either does not have such resources or knows someone who does and will post on his behalf.
However, some crimes are sufficiently serious that no bail should be set because some defendants have no roots in the jurisdiction where the crime was committed. Furthermore, due process does not mean that bail is necessary.it simply means bail will not be denied lack of fair legal process, after which the suspect may be taken into custody. It does not undermine the presumption of innocence. This presumption continues to apply in court, and that is the intent.
Traditionally, the first question in a bail question is flight risk. What conditions must be met to assure a court that a defendant will appear at trial or other court proceedings? If they are, they should be detained as a flight risk. He has no roots in the community. In fact, his roots are in another country.
New York City immigrants arrested on suspicion of assaulting police, flee to California after release: Report
Moreover, according to federal law, he should already be in custody because he is in the country illegally, which would give him a strong incentive to flee if he were released. But of course, New York is a so-called “sanctuary city” that does not allow federal immigration laws to be enforced and refuses to assist.
Clearly, New York is a slave to woke progressivism. The prevailing ideological logic is that because nonwhite defendants are prosecuted at higher rates, the system must be inherently racist. (As crime data and all objective studies of crime do, reports of crime victims prove it is impossible that other groups commit crimes at higher rates). In New York, criminals who pose a high risk of flight are routinely released without conditions and then flee after committing further crimes.
Other than terrorist attacks, no crime more clearly illustrates the irredeemable danger of human life than attacks on police officers who perform their duties to protect communities and enforce the law.
The second inquiry in setting bail is dangerousness. The Empire State really stands out here. Across the United States, if prosecutors demonstrate that the defendant cannot be released under any combination of conditions to the court’s satisfaction without endangering the entire community, including witnesses in the case, the court may The accused may be detained during the trial. That’s federal law. This is also the law in every state except New York.
An immigrant charged with assaulting two New York City police officers in Times Square ignored reporters. (Stephen Hirsch/New York Post)
please think about it. Other than terrorist attacks, no crime more clearly illustrates the irredeemable danger of human life than attacks on police officers who perform their duties to protect communities and enforce the law. Suspects who deliberately attack armed police officers are not detained under bail conditions. All over the country, such defendants are in custody.
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But that’s not the case in New York. In New York, judges are prohibited from considering whether a defendant’s criminal history or the nature of the crime he or she is specifically accused of committing makes him or her ineligible for release on bail.
Even with New York’s stupid bail laws, there was ample grounds to seek detention for a group of illegal aliens who viciously beat two police officers last week. However, a prosecutor is needed to bring a case forward. District Attorney Alvin Bragg is a progressive Democrat who has resisted prosecutions that would anger progressives. He would be happy to indict Donald Trump in a ridiculous false business records case (and has racked up enough charges that Trump could face 100 years or more in prison). But don’t ask him to seek bail for an illegal alien who beats up a police officer.
Manhattan District Attorney Alvin Bragg. (Lev Radin/Pacific Press/LightRocket via Getty Images)
Note: After public outrage over the first five suspects being released without bail conditions, Mr. Bragg’s office managed to set bail for the remaining two and are currently awaiting further proceedings. He has been detained until the It’s possible. The prosecutor only needs to have the intention to prosecute.
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The first five illegal alien police assaulters who stormed out of the courtroom while giving New Yorkers the middle finger have reportedly fled the jurisdiction. I hope we can hold them accountable.
The middle finger is a kind of universal language. But it has special meaning in New York, where prosecutors and many judges are elected. Hey, why do you guys keep voting for this?
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