matzoh_ball t1_jccd06f wrote
Reply to comment by NetQuarterLatte in Study shows those released under NY's bail reform laws are less likely to get rearrested by mowotlarx
The 2020 amendments that took effect in July 2020 made some cases bail eligible again, including so-called "harm-harm" cases, aka cases that involve the harm to person or property where the defendant has an open case that also falls under that category. This basically takes care of a large swath of these repeat offenders that you are rightly concerned about.
So for example, if someone is arrested for petit larceny and released without bail, and then they're arrested again while their first case is still open, the judge is allowed to set bail or detain that person.
NetQuarterLatte t1_jccpv4x wrote
There's a loophole here though. First, trials don't happen in a timely manner when the defendant is on the street.
Second, if the defendant never shows up for trial, they can never get convicted.
So a person committing petty theft, for example, can do that forever as long as they never show up for trial, under the current laws.
A person committing misdemeanor violence (like playing the knockout game) can also do that forever as long as they never show up for trial.
chargeorge t1_jccqflx wrote
Rates of missed appearances were down in another study I saw. So more cope
NetQuarterLatte t1_jcd5bv7 wrote
The ones who appear are not an issue.
The ones who never appear are.
chargeorge t1_jcd96gs wrote
I feel like you are confusing arraignment and a trial here
matzoh_ball t1_jccss66 wrote
No, that would be to their disadvantage. The harm-harm rule doesn’t have anything to do with convictions, it’s about being arrested while having an open case, aka a case that did not yet lead to conviction, acquittal, or dismissal.
NetQuarterLatte t1_jcd4ubh wrote
The harm to harm rule only applies when the defendant is being charged with a felony, no?
Anyone being charged with a misdemeanor cannot be held under the harm-harm rule.
matzoh_ball t1_jcdh8tm wrote
No, it doesn’t. While the harm-harm rule is kinda imprecise, the basic idea is that every crime is a “harm” crime except for “victimless crimes” such as prostitution or drug crimes (though some judges may consider the sale of meth as a harm crime while other judges may not, so there’s still room for discretion). In any case, for example petit larceny (a misdemeanor) is a harm to property crime and would thus be a harm-harm crime. The same is true for many other misdemeanors.
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