Sentencing in New York could soon face more scrutiny under legislation passed this week by state lawmakers.
For supporters, it’s another step toward creating a more equitable criminal justice system, especially for defendants of color. But opponents, including Republican lawmakers and law enforcement officials, say the measure raises too many potential questions for crime victims.
The pending bill, which will head to Gov. Kathy Hochul’s desk, aims to address wrongful convictions in the state and, in part, a high court ruling.
Lawmakers want to make it easier for people to vacate their convictions when new evidence other than DNA is available. Even if they are innocent, they may face the hurdle of having previously pleaded guilty because of the concerns they face in jail or prison.
“The statute deals very specifically with people who have been wrongfully convicted and can prove that to a judge, to a court of law,” said Sergio De La Pava, legal director of New York County Public Defender Services. “In other words, they have evidence that his conviction was wrongful.”
Wrongful convictions can occur disproportionately among people of color, and supporters of the change argue that there are few remedies for people who lose criminal cases but are innocent.
“It’s an important thing for communities of color, marginalized communities that have endured the effects of Rockefeller’s drug laws and other disenfranchised initiatives,” said Assemblywoman Michaelle Solages. “It is very important that, as a state, we realize that we are not always right and that we are responsible to ourselves.”
The New York District Attorneys Association had urged lawmakers in the Assembly this week to reject the proposal, citing the existing rule as sufficient.
Republicans, including Assemblyman Mike Reilly, believe the measure goes too far.
“Unfortunately, this new bill if passed into law will make it look like a final sentence will never be final,” Reilly said. “You can always challenge yourself.”
And Congressman Angelo Morinello says that leaves too much uncertainty for crime victims.
“I think this is an unnecessary law and we always have to consider the victim who will have to wait forever to determine if justice was indeed served,” he said.
