Bail Reform: A Discussion of Perspectives in Western New York

Bail reformation has frequently been a topic of intense discussion in New York’s western regions for an extended period. However, there’s an urgent need to move the conversation past mere headlines and examine the development closely. Is the debate about bail reform gradually approaching a critical juncture? It is essential to consider various perspectives and discuss the ramifications in depth, as well as potential ways to proceed.

Key stakeholders on both ends of the spectrum were consulted to discuss the effects and possible resolutions. Among them is Jerome Wright, the co-director of New York State Jails Justice Network. According to Wright, the matter of bail reform is integral to transforming lives and addressing social injustice, as the repercussions of the law reach far beyond the surface.

Wright, who also chairs the Erie County Corrections Advisory Board, emphasized that providing individuals with another opportunity allows them to flourish, shedding light on the grim stagnation of jail life. He described a life of desolation, where one could better utilize their time contributing to their communities instead of idly languishing in a cell.

Reflecting on his personal experiences following an arrest, Wright shared how the uncertainty can be overwhelming. For him, the introduction of a bail system disproportionately impacts disadvantaged communities and people of color, posing moral and ethical questions about whether one’s financial standing should dictate their freedom.

Wright conveyed the belief that the need for bail reform indicates inherent issues with the justice system, saying, ‘A system that is functioning properly does not require reform efforts.’ He expressed resistance to any moves to rollback the reforms, speaking of a united front against any initiatives aimed at reversing the reforms.

A contrasting perspective comes from Nick Brzezniak and James Dunshie, chairman and co-chairman respectively of the Western New York Association of Gun Education. Their emphasis is on public safety and education, expressing a sense of widespread fear among the populace and advocating majoritarian interests over those of the minority.

Both have organized public discussions on the subject, aligning themselves with a local sheriff who shares their concerns. The sheriff believes the legal reforms in recent years have left the victims at the end of priority lists. He reiterated his commitment to upholding the rights and safety of victims and their families during his tenure.

John Flynn, the Erie County District Attorney when the bail reforms were passed, believes these changes have significantly altered the mindset of offenders. He observes a lack of fear and accountability, leading to a rise in repeat offences. Flynn contends that the certainty of only receiving an appearance ticket after an arrest removed the deterrent factor for many crimes.

Flynn further highlighted how this shift has affected crimes that directly influence people’s quality of life. He identified a range of minor offenses, from loitering and public trespass to larceny, which have all been impacted. He deplored the fact that even drug dealers, knowing the most severe punishment is a ticket, have little to fear.

The correlation, if any, between bail reform and crime rates has been debunked by researcher Ames Grawert from the Brennan Center for Justice. Scrutinizing data from 33 cities, including Buffalo, Grawert insists that the increase in crime in 2020, which coincided with the launch of the bail reform, was influenced by a myriad of factors.

Grawert determines that it was more of a coincidence because a significant rise in crime happened nationwide, regardless of whether regions instituted bail reforms or not. Thus, attributing the increase in crime solely to bail reform is oversimplifying a complex issue, according to his analysis.

While Grawert does acknowledge the need to enhance public safety, he does not see altering the bail reform policy as the singular solution. Freshly elected Assemblyman Patrick Chludzinski, representing Cheektowaga, has campaigned for the bail reform repeal, suggesting different alternatives to improve public safety and justice.

Included among these suggestions are supervised release programs, giving judges broader discretion over cases even when no harm has been incurred, and completely abolishing bail, thereby granting judges complete autonomy in their decisions.

Governor Kathy Hochul, however, has taken a stance against further changes to the law, placing the safety of New Yorkers at the top of her agenda. Hochul has secured extensive funding to represent a firm stand against gun crimes and car thefts, repeat offenders, and to give judges added discretion over cases where bail can be set, according to a statement from her office.

Hochul has also mentioned plans to seal loopholes in the system’s ‘discovery process’. The intended approach is to simplify the requirements and minimize the costs of avoiding challenges to discovery. The interplay of different strategies and perspectives indicates the continuing evolution of bail reform discussions.