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New York State Association of Criminal Defense Lawyers - NYSACDL

New York State Association of Criminal Defense Lawyers - NYSACDL
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2015 Legislative Memos & Public Statements

Position on Criminal Justice Legislation included in the
Proposed New York State Budget

The following is a summary of the positions of the New York State Association of Criminal Defense Lawyers (NYSACDL) regarding the 2015-2106 New York State Budget.  NYSACDL serves as a statewide leading voice for private and public criminal defense lawyers throughout New York State.

 

Education, Labor and Family Assistance

 

Part H of Education, Labor and Family Assistance Article VII (A3006/S2006): Implementation by Colleges and Universities of Sexual Assault, Dating Violence, Domestic Violence, and Stalking Prevention and Response Policies and Procedures: NYSACDL believes that the proposed changes to Article 129-B of New York State’s Education Law create a system lacking the necessary touchstones of due process, fairness, and impartiality. This legislation does not prevent sexual violence. It creates an unfair and biased adjudicatory process that puts adolescent college students at high risk for wrongful accusations. NYSACDL strongly opposes this legislation.

 

Detailed Position Documents

Statement of Concern

What’s Wrong With ‘Enough Is Enough’ Legislation

 

Part J:  Raise the Age of Juvenile Jurisdiction: NYSACDL strongly believes that this legislation, while important, needs to be held until a more complete vetting process can be implemented. The planning process that preceded the Governor’s proposal did not include all the stakeholders in the criminal and family justice systems. Additionally, the proposed reforms may exacerbate existing racial disparities in the criminal justice system. The results of passing this legislation without further conversation with dozens of agencies around New York State will be dire—for the systems that are already stretched to their limit and for the young people this legislation is intended to help and protect.

 

Detailed Position Documents

NYSACDL Position on Raise the Age

 

Executive Criminal Justice Reform Act of 2015: There exists an inherent conflict of interest, or at least the appearance of a conflict of interest, when a District Attorney is called upon to investigate and prosecute police officers. This legislation only provides for a limited review. Instead, NYSACDL strongly urges the drafting of legislation which creates an office of an independent special prosecutor to investigate and prosecute crimes allegedly committed by police officers. Such an office will restore public trust in the justice system.

 

Detailed Position Documents

Bullet Points 

 

Office of Indigent Legal Services Funding: NYSACDL applauds the Governor for including the needed funding to satisfy the settlement agreed to in Hurrell-Harring v. New York. However, this level of funding is not enough to assist every New York State County in: reducing indigent defender caseloads; improving support services, supervision and oversight for defenders; and providing the accused with counsel as early as possible. We strongly support ILS’ request for increased funding.

 

Detailed Position Documents

Letter to Legislative Leadership 

 

 

Submitted By: New York State Association of Criminal Defense Lawyers,

Wayne C. Bodden, President – March 24, 2015