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TAKE ACTION: HELP US END PERPETUAL PUNISHMENT

Being accused of a crime is just the beginning of “perpetual punishment”: a lifelong cycle of legalized discrimination, structural poverty, and re-incarceration. This cycle is kept in motion by 47,000 laws and regulations nationwide that restrict critical rights and opportunities.

But we know how to break the cycle: Remove the barriers and empower people.

Watch PERPETUAL PUNISHMENT, a short animated film by Molly Crabapple and presented by Brooklyn Defender Services and Vox:

Check out a follow-up Q&A with Wes Caines, the film’s narrator, on Vox Voices here.

Here in New York, there are five bills in the State Legislature that would dramatically change the punishment paradigm, and we need YOU to push your local representatives to get these bills enacted into law.

  • ‘Ban the Box’ on Job & Higher Education Applications – Pass A.3050 & A.1792/S.3740! Approximately 7.1 million New Yorkers, or 36%, have criminal records that affect them for the rest of their lives. Many people were convicted when young, or were incarcerated on bail and took a plea to get out. Many were never arrested again, years or even decades later. The conviction subjects these fellow New Yorkers to discrimination in employment and education that affects them and their families forever under current New York law and costs taxpayers money in the long run for public assistance and reduced taxes that these people would contribute if earning at their potential. These bills help to provide New Yorkers with a real chance at success by prohibiting job and higher education discrimination based on criminal convictions.
  • Reform NY’s Discovery Law to Prevent Wrongful Convictions – Pass S.3334! In New York, unlike most of the rest of the country, prosecutors and police are not required to provide police reports to the attorney representing a person facing criminal allegations at the earliest point so that defense counsel can investigate the case. This contributes to wrongful convictions and elongates the time our clients stay in jail waiting for a trial. The sad case of Kalief Browder is an example of someone whose time at Rikers Island would have been dramatically shortened or eliminated if his attorney had the information on the case. In civil cases and other cases in New York, “Discovery” is provided quickly and comprehensively. Yet we treat people who are in jail or facing serious allegations as if they do not deserve to have a fair defense.  It is no coincidence that New York is 3rd in the country in wrongful convictions. This bill will repeal an outdated law and replace it with a just and fair discovery law.
  • Sealing Criminal Records – Pass S.4027! New York is one of the only states in the nation with no sealing or expungement law, meaning even people convicted of the lowest level criminal offenses have a permanent criminal record. Many of the most debilitating collateral consequences of contact with the criminal justice system could be reduced through a robust sealing law that allows people to move beyond their punishment after a reasonable time period.
  • Seal All Low-Level Marijuana Possession Convictions – Pass A.2142/S.3809! In 1977, the NYS Legislature passed the Marihuana Reform Act, decriminalizing personal possession of 25 grams or less of marijuana, but the law still allows for arrest and prosecution of those with marijuana in “public view.” In practice, low-level marijuana possession remains one of the top arrest charges in New York; more than 800,000 New Yorkers have criminal records for this offense in the last 20 years. 9 in 10 arrested for this offense are people of color, despite roughly equal rates of marijuana use across demographics. This bill would simply seal these records and remove the senseless barriers they face in education, employment, housing opportunities, and other state services. While there is not currently a bill pending, you should also ask your legislators to support full marijuana legalization!
  • Stop Criminalizing Workers for Carrying Their Tools Pass A.05667A/S.4769! Tens of thousands of New Yorkers, mostly people of color and/or immigrants, have been prosecuted for being in possession of—either on their person, or somewhere in their car or home—an instrument they use peacefully in the workplace, simply because it meets the technical legal definition of a “gravity knife.” True gravity knives, banned in New York in the 1950’s, have been extinct for some time, but the definition included in the law has allowed for the criminalization of workers—often stagehands, carpenters or stockroom employees—simply for carrying tools that they purchased at hardware and other common retail stores and that they use on their job. This bill would change the law to clarify that simple tools, used peacefully, are not weapons.

Find your NYS Legislator by entering your address here: www.openstates.org.

The best way to make your elected representatives hear you is to call, not email! Call them today and ask for their support for these three bills.