Prof. Mushlin on the Proposal to Close Rikers Island

In a recent article in the Daily News, The Prisoners We Should Put on Rikers, Pace Law Professor and nationally recognized expert on prisoners’ rights Michael B. Mushlin writes that although Mayor de Blasio’s announcement endorsing the recommendation of an  independent commission to close the Rikers Island jail complex is a step in the right direction, the better solution might be to keep Rikers operational to house prisoners from the five boroughs who would otherwise be sent upstate.

Prof. Mushlin points out:

For example, 58% of incarcerated individuals from the city’s metropolitan region are in prisons more than 200 miles from their homes. And remarkably, 27% of the entire state prison population is more than 300 miles from the county of commitment.

The location of New York prisons so far away makes maintaining meaningful family ties almost impossible. These ties are strongly associated with successful reintegration, lower recidivism rates and improved behavior while incarcerated.

Should DA’s Announce a Decision Not to Indict?

As reported in the New York Times in an article by Benjamin Weiser titled Should Prosecutors Chastise Those They Don’t Charge?, a recent announcement by New York prosecutors that they would not be indicting Mayor Bill DeBlasio leads to an interesting debate.

Prosecutors have become more willing to speak publicly about their decision not to file charges in high-profile cases. Not surprisingly, some object.

Tonight: April 3 at 6:00 pm. The Benefits and Limits of Civilian Review Boards

The Benefits and Limits of Civilian Review Boards

Monday, April 3rd at the Elisabeth Haub School of Law at Pace University in White Plains, NY 6:00 pm to 6:30 pm light refreshments and networking 6:30 pm panel begins promptly in Room G-02.

An interactive panel discussion with law enforcement, members of the Albany and Syracuse Civilian Review Boards, and the President of the National Association for Civilian Oversight of Law Enforcement including:

  • Frank L. Fowler, Syracuse Chief of Police
  • Brian Corr, NACOLE President and Director of Cambridge, Mass. Police Review and Advisory Board
  • Ivy Morris, Vice Chair of Albany CPRB (Citizens’ Police Review Board)
  • Zach Garafalo, Albany CPRB
  • Mallory Livingston, Chair, Syracuse CRB
  • Yusuf Abdul Qadir, Director of the Syracuse Chapter of the NYCLU

Panel will be moderated by Law Professor David Dorfman at the Elisabeth Haub School of Law at Pace University.

This forum is organized and sponsored by the Westchester Coalition for Police Reform and is co-sponsored by the Pace Criminal Justice Institute. Seating capacity limited to 90 persons. Please RSVP to lgriffin@law.pace.edu.

SCOTUS Addresses Non-Impeachment Rule in Light of Juror’s Racial Bias

In a recent SCOTUS decision, Pena-Rodriguez v. Colorado, No. 15-606, 580 U.S. ___ (2017) (Court’s PDF), the Court addressed “whether there is an exception to the no-impeachment rule, when after the jury is discharged, a juror comes forward with compelling evidence that another juror made clear and explicit statements indicating that racial animus was a significant motivating factor in his or her vote to convict.” Justice Kennedy delivered the opinion of the Court holding “that where a juror makes a clear statement that indicates he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires that the no-impeachment rule give way in order to permit the trial court to consider the evidence of the juror’s statement and any resulting denial of the jury trial guarantee.”

Justice Kennedy reminds us all that racial stereotypes and animus has no place in our justice system. He writes that “our Nation [must] rise above racial classifications that are so inconsistent with our commitment to the equal dignity of all persons.”  He further writes that “[t]he duty to confront racial animus in the justice system is not the legislature’s alone,” reminds us that this Court has many times enforced Constitution’s guarantee against state-sponsored racial discrimination in jury system, and concludes that “[a] constitutional rule that racial bias in the justice system must be addressed – including, in some instances, after the verdict has been entered – is necessary to prevent a systemic loss of confidence in jury verdicts, a confidence that is central premise of the Sixth Amendment trial right.”

Check Out Documentary Titled 13TH

In a Netflix original documentary titled 13TH, to signify the 13th Amendment abolishing slavery, scholars, activists and politicians discuss and analyze the criminalization of African Americans in the United States. This thought-provoking film argues that the mass incarceration of African Americans across the United States is in fact an extension of slavery. See NPR Review. The filmmaker Ava DuVernay’s website features the documentary’s official trailer along with a list of reviews from variety of newspapers. Check it out!