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NetQuarterLatte t1_jb58c8t wrote

Reply to comment by fieryscribe in Police arrest suspect in rape of woman on the Upper West Side by dosmey

>McIver already has an attempted rape case pending from 2019, when he broke into a sleeping 16-year-old girl's Bronx bedroom.

I think even the most ardent criminal justice advocates don't get surprised at this anymore.

They can bury the head in the sand and stay silent, but cannot claim ignorance.

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limasxgoesto0 t1_jb5ky5b wrote

I'm pretty far left and believe in reforming when possible, but what is going on these days in a lot of major cities? Why aren't we actually prosecuting violent crimes? To some degree I can forgive shoplifting, and minor Marijuana possession charges need to be cleared right now, but violent crime seems like such a no brainer

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NetQuarterLatte t1_jb5ny6v wrote

>Why aren't we actually prosecuting violent crimes?

We are, but not very successfully.

This thread below (now locked by the mods) covered how that guy, even if arrested for a felony, has a system stacked in his favor (15 to 1 to not get a felony conviction).

https://www.reddit.com/r/nyc/comments/11j3msr/comment/jb1i9df/?context=3

By reddit standards, that thread had a rather cordial and informative discussion about the topic.

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RoozGol t1_jb5r363 wrote

> I can forgive shoplifting

Easy when you are not the shop owner! Go ahead and Virtue Signal at the expense of others.

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b1gb0n312 t1_jb5ts7n wrote

Donald trump's fault. He was in charge when this happened

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Rottimer t1_jb5xzq1 wrote

2019 was before covid and before bail reform. So I’m curious what you think people are burying their head in the sand about. The issue is why has 4 years passed and this guy not been tried yet.

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NetQuarterLatte t1_jb5zh8o wrote

>2019 was before covid and before bail reform.

I was not talking about the bail reform, but I noticed this pattern where someone would inject a non sequitur defense about the "bail reform", and draw the attention of the most rabid bullies in the sub.

I'm going to start calling that out.

>So I’m curious what you think people are burying their head in the sand about.

Since you're curious, I'll be more specific: advocates have been ignoring that our government is doing a bad job at preventing preventable violence and delivering justice for the victims.

Many of those victims end up in a more disadvantaged position than most people who is spending any time at Riker's recently (TBH, it's not a high bar, because even people who stay at homeless shelters are at greater risk of death than people who stay at Riker's...). The two victims from this one guy are condemned for life with that trauma.

I think it's fine to advocate for the constitutional rights of the defendants. When are we going to prioritize the victims?

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Rottimer t1_jb61mcv wrote

You and I see the problem very differently. Correct me if I’m wrong, but you look at this incident and wonder why he was not remanded to jail until his trial. I look at this and wonder why he still hasn’t been tried after 4 years.

You look at this as advocating for constitutional rights of defendants. I look at this as advocating for everyone’s constitutional rights. Though I admit I’m biased because I’m black and far more likely to be wrongfully convicted of a crime. So I take those constitutional rights seriously. I don’t have the privilege to poo poo them in an effort to feel safe.

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NetQuarterLatte t1_jb6gwc2 wrote

I understand that you're worried that guy may be wrongly convicted. And that you're worried you might also be wrongly convicted.

Indeed many males have been wrongly accused and convicted of sexual assault in the past. And history has many examples of that.

However, I claim these fears have been blown out of proportion in today's NYC.

And the fear-mongering environment (of innocent people being unjustly convicted) is actually part of what has been blocking the answer to what you asked: "why he still hasn’t been tried after 4 years".

That problem doesn't get addressed because our legislative is more worried about the defendant's rights than worried about achieving justice as a whole.

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Rottimer t1_jb6zwak wrote

>We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than one innocent person should suffer. The reason is, because it’s of more importance to community, that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in the world, that all of them cannot be punished; and many times they happen in such a manner, that it is not of much consequence to the public, whether they are punished or not. But when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, it is immaterial to me, whether I behave well or ill; for virtue itself, is no security. And if such a sentiment as this, should take place in the mind of the subject, there would be an end to all security what so ever.

-John Adams

I have no idea why this guy's crime hasn't been adjudicated. There is a lot of evidence that much of these delays in criminal court are the fault of the state more than the defendant. But we have a fundamental disagreement on civil and constitutional rights if you believe that achieving justice and defendant's rights are in opposition to each other.

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NetQuarterLatte t1_jb73fid wrote

>But we have a fundamental disagreement on civil and constitutional rights if you believe that achieving justice and defendant's rights are in opposition to each other.

In spirt, I don't believe they are in opposition.

In practice, if one pursues one side with recklessness, then pursuing one can hurt the other.

Anyone who pretends that's not the case would be denying part of the reason the US end up with mass incarceration.

Now that the pendulum swung over the other direction, defendant's rights are being increasingly overprotected at the expense of the public (at least in NYC). The discovery reform is probably a good recent example of that.

The right for a speedy trial should also apply to The People. If the suspect is free on the streets, the defense should be on the clock to be ready for trial, in my opinion.

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>for guilt and crimes are so frequent in the world

That may have been true in his time, but that line would make John Adams be labelled as a crimes fear-monger in today's NYC.

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