About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

106 Cornell L. Rev. Online 1 (2020-2021)

handle is hein.journals/clro106 and id is 1 raw text is: ESSAY NEW YORK BAIL REFORM: A QUICK GUIDE TO COMMON QUESTIONS AND CONCERNS Emmanuel Hiram Arnaud & Beulah Sims-Agbabiakat INTRODUCTION................................................................. 1 I. BRIEF HISTORY OF BAIL IN NEW YORK ...................... 4 II. THE AMENDED BAIL STATUTE.................................... 8 A. Elimination of Bail for Many Misdemeanor O ffenses ....................................................... 9 B. Qualifying Offenses: Violent Felonies, Non- Violent Felonies, and Select Misdemeanors .... 11 C. Projected Im pact......................................... 13 III. THE D EBATE ....................................................... 14 CONCLUSION ................................................................ 24 INTRODUCTION In New York's statewide court system, once someone is arrested they typically experience what can be an arduous process. For many, that process may involve time spent in jail, regardless of guilt or a conviction. At the heart of that quandary is the use of cash bail. For example, let's say that Tina is a 19-year-old college student in New York City. Tina works a steady job in food service, lives with her mother in government housing, and is arrested for shoplifting a makeup palette. The officers take her t Emmanuel Hiram Arnaud is a law clerk at the United States Court of Appeals for the First Circuit and former appellate public defender in New York City. He received his J.D. from Cornell Law School and his B.A. from Columbia University, Columbia College. Beulah Sims-Agbabiaka is a law clerk at the Eastern District of Pennsylvania and former appellate public defender in New York City. She received her J.D. from Columbia University School of Law where she was Editor- in-Chief of the Columbia Journal of Race and Law, an Oldham's Fellow, and an NAACP Legal Defense Fund Earl Warren Scholar. Beulah holds a B.A. in African- American Studies, with honors, and a special concentration in Jazz Studies from Columbia University, Columbia College. The authors thank Bob Dean, Emilio Estela, and Elizabeth Angeles for their comments and suggestions on earlier drafts of this piece. They also thank the Cornell Law Review team for their assistance and careful edits. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most