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Election Special: Who's Tougher on Crime?


Though candidates always promise to get tough on crime, most this campaign season have replaced any actual discussion of crime policy with more pressing "me" issues (such as: How will I benefit from the surplus? How will my health care improve?) Living in relatively crime-free times has helped pushed crime down on the list of priorities. New York City, since the reign of Police Commissioner William Bratton, has enjoyed some of the lowest crime rates in decades. New FBI statistics show that New York led the nation's 10 most populous states over the past five years in reducing violent crime. America as a whole is experiencing the lowest level of such crime in a generation. In a policy arena where life is generally good and voters are happy, there is no political need for extensive debate -- and, except for the usual ideological battle over gun control, there has been little.

But, whether they are being discussed extensively or not, there still are a number of issues facing New York.

Gun control. This ever-present debate serves as a proxy for the candidate's view on the acceptable level of government intervention in private citizens' lives. Alive and well in the Senatorial race.

Death Penalty. This is important not only as a window into the candidate's beliefs about justice and morality, but also because it is often closely related to his/her views on punishment versus rehabilitation, and the appropriate number and size of prisons.

DNA Testing. Recent proposals, including one from Howard Safir in an article in City Journal, advocate the creation of a DNA database of all criminals. The widespread use of DNA testing, and the permanent storage of this information in criminal databases, raises serious questions about privacy and ethics that lawmakers should carefully examine.

Violence Against Women. General (though meritorious) federal legislation, in the form of the Violence Against Women Act (VAWA), glosses over a local problem: How to deal with the backlog of DNA samples taken from women after they were raped, known as rape kits.

Rockefeller Drug Laws. Many have identified these antiquated laws for first time, non-violent drug offenders as excessive. Lawmakers must address the severity of these laws, and examine the policy implications.

To their credit, both major-party candidates for United States Senator from New York have addressed many of these issues. But their positions are steeped in centrist politics. Centrist politics is political code. It means, the more you can straddle both sides of the issue, the more likely you will win support from both Democrats and Republicans. Both Hillary Clinton and Rick Lazio have adopted this strategy, each coming from opposite sides. Clinton's policies are left-leaning, certainly, but of course, she's not soft on crime. Lazio's voting record, on the hand, paints him as an enlightened politician - tough, but not draconian. The net effect of these strategies is to confuse voters, as the differences between the candidates are blurry at best.

Both candidates are supporters of gun control, though Clinton proposes a number of stringent measures that Lazio does not support. Congressman Lazio broke with the Republican party to vote in support of the Brady Bill, and has voted to mandate background checks. He also supports mandatory instant background checks at gun shows, and a ban on certain semi-automatic assault rifles. In his support of gun owners' rights, the National Rifle Association gave Lazio a D-. Still the Long Island congressman opposes gun licensing and registration, which he feels are too "intrusive."

Unlike her opponent, Clinton has proposed a national licensing and registration system of all gun purchases and transfers, which would require photo identification. She also advocates a national database of ballistic fingerprinting, mandatory child safety locks, raising the age to purchase a gun to 21, and limiting gun sales to one a month.

In addition to stricter gun controls, Clinton also supports a number of different policies, skirting both sides of the ideological divide. She has promised to help secure $60 million in federal funding to address and analyze the backlog of rape kits in the state. She has also spoken out against violence in entertainment, and supports the use of the V-chip. Though Clinton did not receive an endorsement by New York City's police union, the Policemen's Benevolent Association, she states that the Department of Justice should make its own decision as to whether to monitor the New York Police Department, without interference from elected officials. (Aside from calling Amadou Diallo's death a murder, which she later retracted,. Clinton has said little about the controversial behavior of the New York Police Department.) Lazio outright opposes federal oversight of the NYPD.

Rick Lazio's voting record shows an equally mixed record on crime. In addition to supporting the Brady Bill, Lazio also supported President Clinton's 1994 Crime Bill, which funded 100,000 new officers across the nation. And while he supports DNA testing in death row cases, Lazio has voted to encourage states to prosecute teens 14 and older as adults, to federalize juvenile crime, and to increase punishment of juveniles guilty of committing crimes with guns.

In other matters of crime policy, the candidates' views are much more similar. On the mom-and-apple-pie side, Lazio and Clinton both support the Violence Against Women Act (VAWA), which funds a variety of programs to combat domestic violence, and would re-authorize it if reelected. Both support hate-crime legislation, and expansion of the scope of groups protected under the law.

In contrast with their somewhat liberal views on gun control, both candidates support the death penalty, though Clinton would mandate legal counsel and forensics testing for death row defendants. The two candidates also agree that New York should receive more federal funds to increase prison construction. So much for centrism.

Jessica Sounds Off:

Clinton and Lazio are both to be commended for engaging in discussion about critical crime policy issues. One question remains unanswered by both: Will they repeal the Rockefeller laws? These laws, created to address a serious drug crisis that no longer exists, mandate a minimum 15 year sentence for first-time non-violent drug offenders. At a time when prisons are filling up faster than we can build them, this law should be revisited and reformed. Resources devoted to incarcerating these people could better be used in treating and rehabilitating them. Hillary and Rick: When will you take a position?

Jessica Green is a student of public policy at Columbia University's Graduate School of International and Public Affairs.

The Courts of New York Explained


 



Also in the series:

The Judges Game
Gotham Gazette's newest interactive game lets you see if you've got what it takes for the Brooklyn bench.

A System in Need of Reform
Patronage, payoffs, complexity, and appointments vs. elections in the New York judiciary.

It's been called a mosaic, a jigsaw puzzle, a bureaucracy and a mess. There are many plans afoot to reorganize the courts of New York, all facing political battles that may be all but insurmountable. Meantime, exactly what the court structure is eludes most New Yorkers and even many reporters who cover the courts.

All New York courts are part of the New York State Unified Court System, but because of its large population and volume of cases, New York City also has local courts. Each of the five boroughs, in other words, has both city and state courts. The city courts are Civil Court and Criminal Court. The state courts are Supreme Court, Family Court and Surrogate's Court. All five boroughs (which are also counties) have all of these courts.

But this is too simple, because there is also something called the New York State Court of Claims, and of course the entire Federal judiciary, which is separate.

CIVIL COURT

The Civil Court hears private, non-criminal lawsuits which have a monetary value of no more than $25,000. Under the Civil Court umbrella are also Housing Court and Small Claims Court. Housing Court was created three decades ago to hear nothing but landlord-tenant proceedings involving non-payment of rent, breach of tenancy, housing conditions. Small Claims court hears monetary disputes involving up to $3,000.

CRIMINAL COURT

The Criminal Court is the first judicial stop for all arrested persons. This is where the charges are read to the accused (though this is theoretical, because they are almost never actually read), and bail is set or the defendant is Released on (his or her) Own Recognizance, or, in court parlance, ROR'd. What happens then depends on whether the charge is a violation, a misdemeanor or a felony.

A violation, the least severe charge, can be something like disorderly conduct. A misdemeanor might be shoplifting, possession of stolen property (nothing too valuable), very small amounts of drugs, or simple assault. If the charge is a violation or a misdemeanor, a plea is entered: Guilty or not Guilty. If the defendant pleads guilty, the judge can impose the sentence right then and there. If the defendant pleads not guilty, Criminal Court hearings and a trial will be scheduled.

If, however, the charge is a felony, such as murder, arson, robbery, burglary, most weapons possession charges, and most drug charges, no plea is entered. If it's a narcotics case it might be steered to a hybrid narcotics "part" (jargon for courtroom) for disposition without presentation to a grand jury. Almost all other felonies, however, will be presented to a grand jury, a jury empanelled specifically to hear a brief presentation of evidence and vote on whether or not to indict. (A grand jury differs from a regular jury, because a grand jury must weigh whether there is sufficient evidence to determine that a crime has been committed at all, and sufficient evidence to charge this particular person, while a trial jury must determine whether evidence has been established beyond a reasonable doubt to convict this person of this crime.) In most cases there is an indictment, and People versus John Doe becomes a Supreme Court case.

SUPREME COURT

In Supreme Court the accused will be re-arraigned, new bail will be set and a plea entered. There are then further proceedings, including hearings, "plea bargaining" (a reduced charge in exchange for a guilty plea) or a trial. If there's a conviction or guilty plea, the judge will impose a sentence.

All of this is done in the Criminal Division of Supreme Court. Supreme Court also has a Civil Division. The civil actions and proceedings cover any monetary dispute over $25,000, be it commercial, personal injury, libel, employment, civil rights, or a real estate matter, and often involves a great deal of money. It's also the place to go if you're looking for an injunction, restraining order, documents under the Freedom of Information Law. Supreme Court is the only court that can grant divorces.

The Supreme Court of New York is not what it is in most other states or in the federal judiciary, i.e., the highest court. It's simply the statewide trial court of general jurisdiction.

FAMILY COURT

Though Family Court cannot hear divorce cases, its jurisdiction sometimes overlaps with other courts, both criminal and civil. Family Court judges can hear matters involving child support, foster care, delinquency, family violence, adoption.

SURROGATE'S COURT

Surrogate's Court has exclusive jurisdiction over wills and estates. Like Family Court, it also considers adoptions.

COURT OF CLAIMS

The Court of Claims has traditionally heard monetary claims against the State of New York. In recent years, however, a large number of additional Court of Claims judgeships have been created to handle the huge increase in drug-related felonies. Appointed by the governor for a term of nine years, these judges are assigned to Supreme Court, usually designated Acting Supreme Court justices, and then have nothing to do with the Court of Claims itself.

APPELLATE COURTS

Verdicts, decisions, judgments and orders of all of these trial courts can be appealed to higher courts. Appellate Term judges hear appeals from the lower, city courts -- Civil (including Housing and Small Claims) and Criminal Court. Appellate Division judges hear appeals from Supreme Court (Civil or Criminal), Surrogate's Court, and Family Court.

There are two Appellate Divisions of the Supreme Court in New York City. One is on Madison Avenue in Manhattan and covers New York County and the Bronx. The other is in Brooklyn Heights and covers the three other boroughs (and Westchester and Rockland counties) Both are architectural gems.

Beyond that there's the New York Court of Appeals in Albany, which is the real supreme court of New York, hearing appeals from decisions of the Appellate Division.

THE JUDGES

New York City judges can be elected or appointed, depending on the court. Civil Court judges, who must live in New York City, are elected either countywide or from a particular judicial district within a county, a throwback to a now non-existent municipal court system. (Now, regardless of which district elected them, all Civil Court judges hear cases from within the entire county in which they are sitting). They are elected for a ten year term. . But Civil Court judges do not necessarily preside over Civil Court alone. They can also be assigned to Criminal Court, occasionally Family Court, or as acting Justices of the Supreme Court, (Criminal or Civil). Though Housing Court is part of Civil Court, Housing Court judges, unlike Civil Court judges, are not elected. The state's Chief Administrative Judge, Jonathan Lippman, appoints them for five-year terms.

Criminal Court judges, as city judges, must also live in the city; the Mayor appoints them for ten-year terms. They can also be designated as Acting Supreme Court Justices (usually in the Criminal Division).

A Supreme Court justice -- the only judge who is actually called Justice -- is elected by the voters in the county but must first be nominated by a political party. The procedures and politics for getting to that point differ from county to county. A Supreme Court Justice must live in New York State, and is elected for a term of 14 years.

Every judge wants to be one of the Supremes, sit on the bench of the Supreme Court of the State of New York.

The Supreme Court justices are the pool from which appointments to the higher Appellate Term and the Appellate Division are made. But the members of the New York State Court Of Appeals, the highest court, do not have to have served as judges in any court. When former Governor Mario Cuomo appointed the current Chief Judge of the Court of Appeals, Judith S. Kaye, she had been an attorney in private practice.

There can be no simple guide to New York's courts. As complicated as this basic structure seems, there are so many exceptions to the rules and procedures that it is actually even more complicated.

Emily Jane Goodman is a New York State Supreme Court Justice

 

Kerik's Recipe for Success


During Howard Safir's tenure as police commissioner, the city enjoyed some of the lowest crime rates in recent history. That decrease in crime, ironically, might create some greater challenges for Safir's successor, Bernard B. Kerik, who took over the New York Police Department in August after two and a half years as New York City's correction commissioner.

Kerik has sixteen months, under Giuliani's watch, to earn himself some credibility - a difficult task in the face of the criticism and bad feeling that Safir inspired. In addition to crime fighting skills, Kerik will need extraordinary diplomatic skills. These will help him accomplish three critical tasks:

Overcome departmental opposition

First and foremost, Kerik must put to rest notions that he is unqualified, and any resentment this may cause. Critics are quick to point out that Kerik does not have a college degree. To qualify to enter the department, officers must have earned 60 college credits; all positions above lieutenant require a college degree. That Kerik does not have a degree, critics maintain, sends the wrong message - especially at a time when the department is struggling to find qualified candidates.

Some also object that Kerik spent only eight years on the force, never ascending above the rank of officer; other qualified candidates for commissioner, such as Joseph Dunne, have spent their entire career on the force, climbing the ranks.

Keep cops on the force and recruit new ones

Twenty years on the force earns a cop the right to a $40,000-a-year pension, and in the next four years, one in four cops, or about 10,000 officers, will be eligible for retirement. In the last two months, First Deputy Police Commissioner Patrick Kelleher and Chief of Personnel Michael Markman have retired, as did Sgt. Richard Romano, a twenty year veteran featured in the NYPD's latest ad campaign to recruit new officers. "Monetarily it doesn't really pay now," the sergeant explained, "with the incentive you get to retire."

As officers retire and others are promoted, the demand for new officers continues. The NYPD has had trouble recruiting new cops for the past four years, and the numbers aren't getting any better. The most recent recruitment effort, which included letters to all eligible candidates from the last four exams and 27,000 follow-up phone calls, yielded a mere 1,600 new recruits. Last year's recruitment efforts, which cost $10 million, produced 10,301 test-takers, or roughly $1,000 per applicant. The police union, the Patrolmen's Benevolent Association (PBA), cites low wages as one of the main obstacles to recruiting more officers. Starting salary is $31,300, growing to $49,023 after five years. The PBA continues to lobby aggressively for higher wages, including a high profile media campaign. Kerik must address these issues of compensation, to keep the grumbling PBA happy, and to ensure a steady influx of new recruits.

Improve police/community relations, especially with minority communities

Improving race relations is not the sole responsibility of the police commissioner. Still, to survive politically, Kerik will have to reach out to minority communities to diminish feelings of mistrust and anger that have mounted during Safir's tenure, thanks to activities such as racial profiling, which the US Commission on Civil Rights found was a factor in NYPD stop and frisks. Some community leaders are disappointed that former Brooklyn precinct commander Joseph Dunne was not chosen to be commissioner. Dunne, who was instead appointed first deputy commissioner, has a long track record of working with black leaders. Councilwoman Annette Robinson, who is black, said that passing over Dunne represents a lost opportunity to work with minority communities: "I don't know that the mayor felt there was a need to build bridges. Joe Dunne could have done that. I am saddened that he was not give that chance." Kerik, quick to defend himself, says he has not been given a fair chance, and will make efforts to visit various communities. Indeed, the day after his appointment, he and Mayor Giuliani attended Sunday mass at Bright Light Baptist Church in East New York, Brooklyn.

And of course, in addition to all this, Kerik is expected to keep crime down and arrests up.

Jessica Green is a student of public policy at Columbia University's Graduate School of International and Public Affairs.



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