Reforming Our Criminal Court

As a Director of the Fund for Modern Courts [1] , and as someone who has
spent more than 20 years engaged in sentencing reform issues, I
understand the benefits of problem-solving courts that engage victims,
offenders and neighborhoods in creative solutions that reduce crime. At
the same time, more resources and energy must be devoted to improving
the quality of justice in Manhattan’s Criminal Court.

The Criminal Court has jurisdiction principally over misdemeanor offenses such as theft, harassment, non-felony assault, or quality of life crimes. It is crucial to the proper functioning of our court system and to the people of Manhattan, because this is where over 90% of the Manhattan District Attorney’s caseload is prosecuted. In fact, most crime victims and defendants form their impression of our justice system – for better or worse – as a result of their contact with the Criminal Court, and not because they have been victims of the most serious crimes such as murder, rape, robbery or burglary, which are prosecuted in Supreme Court, the felony trial court.

The Criminal Court, however, handles many cases that are not minor. They can involve serious incidents of domestic and interpersonal violence, harassment and assault, high risk offenders or repeat criminals. Since 1997, there has been a 24% increase in Criminal Court caseload. But the number of judges available to try cases has remained static. This, among other things, has led to a huge Criminal Court backlog, with prosecutors and Legal Aid lawyers – as well as judges – handling caseloads far in excess of optimal levels. As a result, many cases cannot be investigated as thoroughly and promptly as justice requires, judges must manage over-crowded dockets that affect their ability to focus on each case individually, and many cases are dismissed on speedy trial grounds. Inevitably, public confidence in our justice system is undermined.

We have a shared responsibility to ensure that the Criminal Court has resources equal to its important role in our court system. One of our first priorities will be to work cooperatively with all branches of government, and the agencies involved, to increase trial capacity for misdemeanors and to improve the quality of justice for the people of Manhattan.