Opinion: The Tools We Need to Hold NYPD Accountable for Misconduct
"In New York, prosecutors often require a person accused of a crime to waive their right to later appeal their case as part of a plea offer, even if new evidence is later revealed. These waivers prevent appellate courts from reviewing police misconduct and overseeing police accountability."
âIn New York, prosecutors often require a person accused of a crime to waive their right to later appeal their case as part of a plea offer, even if new evidence is later revealed. These waivers prevent appellate courts from reviewing police misconduct and overseeing police accountability.â
Michael Appleton/Mayoral Photography Office
CityViews are readersâ opinions, not those of City Limits. Add your voice today!In December, the New York City Council Committee on Public Safety held a hearing on the New York Police Departmentâs practice of âstop-and-friskâ and other investigative encounters, in the wake of the âHow Many Stops Actâ going into effect this summer. At the hearing, we heard from many New Yorkers who detailed their personal experiences being racially profiled, harassed, and abused by NYPD officers. Rarely did any officers face accountability.
In 2013, a federal court issued the landmark Floyd decision that found the NYPDâs racially-biased practice to stop, question, and frisk Black and Latine New Yorkers was unconstitutional. In her ruling, Judge Shira Scheindlin ordered a number of reforms and instituted a federal monitor to track the NYPDâs progress in implementing them. Unfortunately, we have seen that NYPDâs racist, abusive and illegal practice has continued in the decade since, and little has been done to hold the officers who engage in misconduct to account.
The NYPDâs lack of accountability became especially evident upon the release of an in-depth report recently issued by a member of the federal monitor team, retired judge James Yates, on the departmentâs policies and practices surrounding the discipline of officers who have engaged in misconduct during stops.Â
Yatesâs report explains in great detail that despite dedicated NYPD resources to investigate misconduct in stops, questions, searches, and frisks, it is exceedingly rare that any officers face discipline for this misconduct, even if such misconduct has been substantiated by the Civilian Complaint Review Board (CCRB). This problem goes all the way to the top, with Yates noting that various police commissioners often used their power to reduce or dismiss penalties against officers found to have engaged in misconduct. This egregious lack of accountability allows the abuses of stop-and-frisk to continue nearly unfettered.Â
As public defenders, we have a powerful tool to hold police accountable for illegal stops and searches, but a common prosecution practice often stands in the way.
Given the NYPDâs history of racial bias and illegal searches and seizures, it is critical that we pay close attention when evidence in a criminal prosecutionâidentifications, statements, or physical evidenceâarises from illegal police searches and seizures, police-arranged identification procedures, or police interrogation tactics. Â
Preventing the prosecution from using illegally obtained evidence against a person in court (aka suppression of evidence) is one of the strongest mechanisms to curtail this misconduct. If the police have obtained evidence illegally, defense attorneys can argue that if the police illegally stopped and frisked someone or illegally interrogated them, the evidence obtained as a result cannot be used to prove they committed a crime.
In New York, prosecutors often require a person accused of a crime to waive their right to later appeal their case as part of a plea offer, even if new evidence is later revealed. These waivers prevent appellate courts from reviewing police misconduct and overseeing police accountability. It is well known that the majority of criminal cases resolve with pleas, making this practice widespread.
Legislation pending in Albany would prevent plea offers from being conditioned on a waiver of appeal of suppression issues. The bill would restore the power of appellate courts to review police misconduct, protecting people who have been accused of crimes against wrongful convictions and violations of their constitutional rights. Restoring access to appellate review, even in cases that are resolved with a plea, would ensure greater access to justice and facilitate court efficiency.Â
Appellate courts not only have the ability to overturn lower court decisions about officer misconduct, but appellate court decisions also have broad influence, signaling that similar officer misconduct will result in evidence suppression. We urge the legislature to take action on this bill this session.Â
Of course, this legislation is only one piece of dismantling the racist and abusive practice of pretextual stops and officer misconduct. We must also end the use of surveillance technologies that perpetuate stop-and-frisk, such as the NYPDâs Gang Database and Shotspotter. We must end âspecializedâ rogue units like Neighborhood Safety Teams that engage in a startling amount of illegal stops. And we must give the CCRB more power to hold officers accountable, as it is clear the NYPD is unwilling to police itself.
Yung-Mi Lee is the director of law and appeals at Brooklyn Defender Services.
The Don Callis Family continues to grow, as a new member of revealed on AEW Dynamite. On the February 5th episode of AEW Dynamite, Will Ospreay was set to face a mystery member of the Don Callis Family. Ospreay made his entrance, and Callis came to the stage. He then revealed Mark Davis as the [âŠ]
Read more >> : Cick here
 |
 |
 |
 |
 |
 |
 |
BLACKPINK's Lisa is gearing up to release new music!
On February 6, Lisa unveiled a music video teaser for her new single BORN AGAIN feat. Doja Cat and RAYE.
BORN AGAIN will be released on February 6 at 7 p.m. EST, and Lisa's debut solo album ALTER EGOâwhich includes her recent singles âROCKSTAR,â âNew Womanâ (featuring RosalĂa), and âMoonlit Floorââwill be released on February 28.
Check out the teaser below!
https://www.youtube.com/watch?v=ZVS9RCBaivI
Read more >> : Cick here
|
|
|
|
, and âMoonlit Floorââwill be released on February 28.
Check out the teaser below!
https://www.youtube.com/watch?v=ZVS9RCBaivI %23blackpink) |
|
|
Patrick Mahomes Shares Insight Into Life as a New Dad to 3 Kids With Brittany Mahomes
Read more >> : Cick here
|
|
|
|
 |
|
|
Let the best bride win!
Read more >> : Cick here
|
|
|
|
 |
|
|
Sir Elton John has announced the details of his forthcoming studio album - Who Believes In Angels? - and said he will take to the London Palladium for special performance next month
Read more >> : Cick here
|
|
|
|
 |
|
|
Actress Moon Ga Young's sudden hairstyle change for a Dolce&Gabbana campaign has gone viral on Korean online communities.
Read more >> : Cick here
|
|
|
|
 |
|
|
When it comes to splitting bills, is ignorance blissâor just expensive?
Read more >> : Cick here
|
|
|
|
 |
|
|
Christian Bale reached global stardom after his role in 'America Psycho', directed by Mary Harron in 2000. But how old was the actor when he booked the part?
Read more >> : Cick here
|
|
|
|
 |
|
|
Jacques Audiard, who also cowrote the Oscar-nominated musical, said he hasn't spoken with the actor recently and added, "I donât want to."
Read more >> : Cick here
|
|
|
|
 |
|
|
Another actor has also joined the cast.
Read more >> : Cick here
|
|
|
|
 |
|
|
Twitter (X), Inc. was an American social media company based in San Francisco, California, which operated and was named for its flagship social media network prior to its rebrand as X. In addition to Twitter, the company previously operated the Vine short video app and Periscope livestreaming service
Twitter (X) is one of the most popular social media platforms, with over 619 million monthly active users worldwide. One of the most exciting features of Twitter (X) is the ability to see what topics are trending in real-time. Twitter trends are a fascinating way to stay up to date on what people are talking about on the platform, and they can also be a valuable tool for businesses and individuals to stay relevant and informed. In this article, we will discuss Twitter (X) trends, how they work, and how you can use them to your advantage.
What are Twitter (X) Worldwide Trends?
Twitter (X) Worldwide trends are a list of topics that are currently being talked about on the platform and also world. The topics on this list change in real-time and are based on the volume of tweets using a particular hashtag or keyword. Twitter (X) Worldwide trends can be localized to a Worldwide country or region or can be global, depending on the topic's popularity.
How Do Twitter (X) Worldwide Trends Work?
Twitter (X) Worldwide trends are generated by an algorithm that analyzes the volume of tweets using a particular hashtag or keyword. When the algorithm detects a sudden increase in tweets using a specific hashtag or keyword, it considers that topic to be trending.
Once a topic is identified as trending, it is added to the list of Twitter (X) Worldwide trends. The topics on this list are ranked based on their popularity, with the most popular topics appearing at the top of the list.
Twitter (X) Worldwide trends can be filtered by location or category, allowing users to see what topics are trending in their area or in a particular industry. Additionally, users can click on a trending topic to see all of the tweets using that hashtag or keyword.