Alvin Bragg's deputy says prosecutors have 'power' to change justice system by declining to charge criminals
'You know if [prosecutors] don't charge a crime, a judge can't sentence to that crime,' Alvin Bragg's chief prosecutor said
{{#rendered}} {{/rendered}}Manhattan District Attorney Alvin Bragg's chief prosecutor, Meg Reiss, has previously said that prosecutors can ignore the rule of law and supplant their own ideology into prosecution decisions.
Chief Assistant District Attorney Reiss said in 2017 that prosecutors can use their power to ignore mandatory minimum laws at John Jay College of Criminal Justice.
"Nobody understands the amount of discretion that prosecutors have," Reiss said. She stressed the independent "power" they have to decline prosecution cases can effect systemic change in the criminal justice system, which she believes is racist.
{{#rendered}} {{/rendered}}Police officers can keep making… arrests but if the prosecutor decides not to prosecute that, then that's it. – Meg Reiss
Chief prosecutor (right) of Manhattan DA Alvin Braggs office (left) bragged about allowing a murderer to escape jail time. (Getty | Adobe Stock | Manhattan DA)
ALVIN BRAGG PROMISES NOT TO PROSECUTE THEFT TO ESTABLISH 'RACIAL EQUITY' BALANCE: 'CRIME OF POVERTY'
"You know if [prosecutors] don't charge a crime, a judge can't sentence to that crime. If police officers make certain arrests, they [can] declin[e] to prosecute… And police officers can keep making… arrests but if the prosecutor decides not to prosecute that then that's it."
"At the federal level, talking about getting legislation passed in Congress to not have mandatory minimums or not… prosecutors unilaterally in each jurisdiction can do that on their own without any type of legislation statutorily not required. And they can choose what they want to charge and what not to charge, how they want to charge it, what to prosecute, what outcomes should be. They really have all of that power in their offices. But nobody understands that."
{{#rendered}} {{/rendered}}Reiss made the statements while heading the Institute for Innovation on Prosecution, an organization she founded in 2016 which collaborates with prosecution offices, including the Manhattan DA, to bring about racial equity reforms.
The institute believes in an ideologically driven approach to prosecution that takes into account historical factors. For example, the Institute argued in a report, signed with Reiss' name, that prosecutors must focus on "acknowledging our nation’s shameful history of slavery and racism which continues to cloud the criminal justice system."
About criminals, she has consistently argued for leniency and more understanding, including for those harming victims with violent assaults.
{{#rendered}} {{/rendered}}"So one of the first things [to] do is change the language: ‘the bad dude.’ What does that mean? What are the circumstances of that person coming into the criminal justice system in the first place? And what is the background to that person?" Reiss said.
However, Reiss has carried a different tune for police accused of misconduct – such as excessive force – in the line of duty. She said they do not deserve the "benefit of the doubt" by juries.
WANTED for a Robbery in an elevator inside the 125 Street and Lexington Avenue subway station . #Manhattan @NYPD25pct on 11/1/21 @ 10:25 PM the individual assaulted the victim then forcibly removed their property (NYPD Crime Stoper)
Furthermore, an IIP report under both Reiss' and Bragg's names stated there should be a special prosecution unit set up solely to focus on charging officers.
{{#rendered}} {{/rendered}}As part of its racial equity mission, Meg Reiss' Institute for Innovation on Prosecution suggested prosecutors should intentionally undermine the charges police officers bring forward.
"Your charging authority gives you the power to check and counterbalance some police actions," IIP said. "Recognize the systems that are upstream from your office that may perpetuate racial disparities in the justice system, and take steps in your own office to resist those trends."
{{#rendered}} {{/rendered}}Bodega owners asking Manhattan DA Alvin Bragg to drop charges against bodega worker Jose Alba accused of killing a robber during a fight at a bodega where he worked. (Luiz C. Ribeiro for NY Daily News via Getty Images)
Bragg's chief has said she believes all prosecutors have a "responsibility" to fix "mass incarceration," the term for what critics believe is an overuse of detention centers that disproportionately affects minorities.
IIP, accordingly, said that prosecutors should only "use all available evidence to prove the case in criminal court" for "serious offenses," and should selectively choose not to enforce the law on particular crimes.
The policies advocated by prosecutors such as Reiss are believed by critics to be catastrophic to public safety. Reiss denies her policies to scale back on incarceration affect crime rates.
{{#rendered}} {{/rendered}}A spokesperson for Bragg's office previously released a statement to Fox News Digital, which said, "Reiss is a former homicide prosecutor who has worked collaboratively with all stakeholders throughout the criminal justice system and has been in public service for decades. She is a widely respected attorney who ensures every case is evaluated based on the facts and the law."
New York District Attorney Alvin Bragg had been investigating former President Donald Trump for alleged hush money payments to adult film actress Stormy Daniels. (Shane Bevel/NCAA Photos via Getty Images/Victor J. Blue/Bloomberg via Getty Images)
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Bragg's office has been in the spotlight as it charged former President Trump for allegedly conducting a "catch and kill" scheme to suppress negative information about himself during the 2016 presidential election.
{{#rendered}} {{/rendered}}Trump's indictment marks the first time a U.S. president, former or current, had ever been charged with a crime. Trump has accused Bragg, a Democrat, of political bias against him.