home

New York Tries for 24 Hour 'Charge or Release' Bill

By Jeralyn, Section Civil Liberties
Posted on Tue May 17, 2005 at 09:26:05 AM EST
Tags: (all tags)
Share This: Digg! StumbleUpon del.icio.us reddit reddit

Remember the fiasco of the Republican National Convention when hundreds were rounded up and kept in cages on the West Side for days without seeing a Judge? This happens every day in New York, particularly to the poor and people of color.

On May 24, a sorely needed bill will be introduced in New York. It will require police to bring an arrested person before a judge within 24 hours or release the individual. It's called the "Charge or Release" bill and a rally will be held Next Tuesday, May 24, to support it in New York.

During the Republican National Convention, hundreds of demonstrators were detained for 30, 40, or even 50 hours without seeing a judge. Each day in New York City, hundreds of New Yorkers, primarily from communities of color, lose wages or even jobs because they’re held by the police for longer than the 24 hours permitted by law. On May 25, Council Member Bill Perkins will introduce the Charge or Release bill to fix the problem of prolonged detentions by the police.

....The New York Civil Liberties Union’s Bill of Rights Defense Campaign, along with a a diverse coalition of legal, policy and community organizations, is advocating for legislation to ensure that all persons arrested in New York City are arraigned within 24 hours of arrest. While a New York State Court of Appeals decision in 1991 first established the “24 hour rule,” individuals are routinely held without seeing a judge for much longer.

As with many other aspects of the criminal justice system, the practice of prolonged detention has disproportionately impacted communities of color. Post-9/11, we’ve witnessed the same practice used against political demonstrators. For example, during the Republican National Convention, the NYPD detained large numbers of protesters for upwards of 30, 40 and even 50 hours, creating significant outrage throughout the city about the practice, and opening the door for long-overdue reform.

< Senate Showdown Imminent | New York Times to Charge for Reading Op-Ed Writers >

  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


    • Display: Sort:
    New York Tries for 24 Hour 'Charge or Release' Bill | 3 comments (3 topical)
    Re: New York Tries for 24 Hour 'Charge or Release' (none / 0) (#1)
    by kdog on Sat Dec 17, 2005 at 12:59:08 PM EST
    Good news for freedom, I hope it passes. People get locked up for all kinds of non-crimes here in NY, they call it "disorderly conduct" or "resisting arrest", but they mean "made a cop angry". At least this way the accused can get the nonsense dismissed within 24 hours. Our rights to due process must be dilligently defended.

    Re: New York Tries for 24 Hour 'Charge or Release' (none / 0) (#2)
    by Patrick on Sat Dec 17, 2005 at 12:59:09 PM EST
    California has 48 hours (or two court days) to arraign an arrestee. Seems like a reasonable amount of time to me. If during that 48 hours the person wants to make bail, they can be released sooner. 24 hours seems a little short to allow the report to be prepared and forwarded to the local DA for arraignment. However, I am unfamiliar with NYC's process so 24 hours may be reasonable depending on the circumstances if someone can enlighten me. 50 hours however does not seem too unreasonable, since 48 is the standard in Ca.

    Re: New York Tries for 24 Hour 'Charge or Release' (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:59:09 PM EST
    I really hope this goes through. Hopefully it will help put a stop to our facilities being used for political reasons. Have any similar bills been passed in other cities?

    New York Tries for 24 Hour 'Charge or Release' Bill | 3 comments (3 topical)