New DA in NYC vows to imprison only the most serious offenders

On Behalf of Buting, Williams & Stilling, S.C. | Jan 10, 2022 | Criminal Defense

A new, reformer district attorney in Manhattan has begun adopting policies aimed at reducing mass incarceration. District Attorney Alvin Bragg just issued a departmental memo directing the prosecutors in his office to ask judges for jail time in only the most serious cases. Moreover, he directed them to limit prison sentences to a maximum of 20 years absent “exceptional circumstances.”

According to the New York Times, Bragg hopes to deliver alternatives to prison, especially for first offenders, and take into account the backgrounds and experiences of those charged with crimes.

Unless New York law requires otherwise, Bragg’s prosecutors will ask for prison time only in serious cases such as sexual assault, murder and major financial crimes. Less-serious assaults and robberies, along with gun possession with no other crime, will result in non-prison penalties or participation in diversion programs.

US incarceration rates are by far the highest in the world

There is no doubt that America needs to address the extreme rate at which it incarcerates its citizens. The United States incarcerates about 25% of the prisoners in the world despite making up only about 4.4% of the world’s population. It imprisons 655 people per 100,000. By contrast, Canada only incarcerates 104 people per 100,000.

A 2008 New York Times analysis attributed this not to the number of individual people put in prison but to the average length of the sentences, with America’s being much longer.

We need to begin reducing sentences. It appears Alvin Bragg will reverse course on the long-held NYC policy of focusing police and prosecutorial resources on minor crimes in an effort to discourage major ones. Instead, he plans to focus those resources on more serious crimes and repeat offenders.

Continuing some of the work of his predecessor, Bragg will also decline to prosecute a number of misdemeanors, including fare evasion, prostitution and resisting arrest with no other crime charged.

Reform DAs are being elected around the nation

Alvin Bragg is among a small wave of reform-minded district attorneys from around the country. Another New York DA, Eric Gonzalez of Brooklyn, is instituting some policies similar to Bragg’s. We’ve also seen incarceration-limiting policies from Philadelphia’s Larry Krasner, Baltimore’s Marilyn Mosby, Kim Foxx in Chicago, George Gascon in LA and Chesa Boudin in San Francisco.

There has been some significant pushback from other politicians and law enforcement groups over the policies of these reform district attorneys. They worry that the policies could conflict with the goals of other elected leaders who run on “tough on crime” platforms. They are concerned that the lack of harsh sentences could encourage crime rates to rise.

The alternative is to do what we’ve been doing, which has put more Americans behind bars than the citizens of any other nation.

Recent Posts

Subscribe To This Blog’s Feed

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)