{"id":34433,"date":"2022-08-03T19:02:50","date_gmt":"2022-08-03T19:02:50","guid":{"rendered":"https:\/\/cjstudents.com\/?p=34433"},"modified":"2022-08-03T19:02:50","modified_gmt":"2022-08-03T19:02:50","slug":"new-york-citys-criminal-justice-guardrails-are-falling","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/08\/03\/new-york-citys-criminal-justice-guardrails-are-falling\/","title":{"rendered":"New York City&#8217;s Criminal Justice Guardrails Are Falling"},"content":{"rendered":"<p> [ad_1]<\/p>\n<div> <!-- Part of the l_ipage-container-module --><br \/>\n\t\t\t<!-- actual article chapter content --><\/p>\n<p>On Monday, a 23-year-old in Brooklyn <a target=\"_blank\" href=\"https:\/\/nypost.com\/2022\/08\/02\/mom-of-man-in-custody-for-mcdonalds-fries-shooting-reveals-sons-chilling-words\/\" rel=\"noopener\">was shot<\/a>, perhaps fatally, over cold French fries.<\/p>\n<p>It began when Lisa Fulmore called her 20-year-old son, Michael Morgan\u2014who has been charged with attempted murder and possession of a deadly weapon\u2014to fume that McDonald\u2019s workers were being disrespectful toward her over her complaints about cold fries. \u201cI was on the phone with my son. I was like, \u2018They in this McDonald\u2019s playing with me,\u2019\u201d she said. Morgan then arrived and, after an argument with a McDonald\u2019s employee, allegedly shot him in the neck and ran off. (Morgan\u2019s girlfriend has also been charged for some as-yet-unrevealed involvement.) Did his mother disapprove of his actions? \u201cMy son is just saying that he gotta do what he gotta do and the [victim] came after him and whatever happened, happened.\u201d<\/p>\n<p>This absurd pretext for life-taking has chilling echoes of the incident that led to the alleged killing of Austin Simon last month by the now-famous bodega employee Jose Alba. Simon\u2019s girlfriend summoned him to the bodega after Alba <a target=\"_blank\" href=\"https:\/\/finance.yahoo.com\/news\/murder-charge-dropped-against-nyc-152217715.html\" rel=\"noopener\">rejected her non-functional<\/a> EBT card and took unpurchased snacks back from the ten-year-old daughter she shares with Simon. \u201c<a target=\"_blank\" href=\"https:\/\/reason.com\/2022\/07\/11\/new-footage-shows-bodega-clerk-trying-to-avoid-deadly-fight-will-manhattan-d-a-drop-the-murder-charges\/\" rel=\"noopener\">I\u2019m gonna bring<\/a> my nigga down here, and he gonna fuck you up. My nigga is gonna come down here right now and fuck you up!\u201d she cried before allegedly calling Simon to the utterly unnecessary altercation that ended in his death.<\/p>\n<p>Another instance of fast food-related violence, albeit not deadly, erupted last month when three women in their twenties were <a target=\"_blank\" href=\"https:\/\/nypost.com\/2022\/07\/09\/bel-fries-shop-owner-dismayed-no-one-came-to-her-staffs-rescue\/\" rel=\"noopener\">filmed ransacking<\/a> a French fry joint on Manhattan\u2019s Lower East Side\u2014after being asked to pay $1.75 for extra dipping sauce. They gleefully caused $25,000 in property damages and pelted employees with glass bottles and furniture. One worker, Maria Baez, required a staple in her head following the melee.<\/p>\n<p>What has changed such mundane interactions to make them suddenly so fraught with the potential for violence?<\/p>\n<p>A behavior gap is growing among New Yorkers. Most citizens have expectations of behavior set by their families and their communities. When their knishes are cold or baristas act rudely, they get frustrated or angry\u2014but they stay well within a reasonable threshold of pro-social behavior that does not include assault or murder. Some Gothamites, however, rely on the credible presence of law enforcement and the criminal-justice system to set and enforce these expectations of good behavior. For them, the retreat of policing, prosecution, and incarceration has melted the boundaries between civilized and uncivilized behavior.<\/p>\n<p>The city is currently seeing a <a target=\"_blank\" href=\"https:\/\/www1.nyc.gov\/assets\/nypd\/downloads\/pdf\/crime_statistics\/cs-en-us-city.pdf\" rel=\"noopener\">42 percent rise<\/a> in petit larceny, 40 percent rise in robbery, and a nearly 50 percent rise in grand larceny since this time last year. Those whose respect for New York City\u2019s stores, restaurants, and fellow citizens is conditional on the expectation of criminal consequences for bad behavior are now much less inhibited in their conduct.<\/p>\n<p>The decline in swift consequences for antisocial behavior is evident in the city\u2019s plummeting conviction rates. Nearly a decade ago, <a target=\"_blank\" href=\"https:\/\/www.netflix.com\/watch\/80132675?trackId=155573560\" rel=\"noopener\">63 percent of cases<\/a> disposed by the Manhattan DA\u2019s office resulted in convictions, and only 12 percent ended in dismissals. Those proportions are now flipped: so far this year, only a third of disposed cases ended in convictions, and nearly half were dismissed.<\/p>\n<p>These changes are even starker when you look at real numbers rather than percentages. In 2013 (the earliest data readily available), convictions were secured for <a target=\"_blank\" href=\"https:\/\/data.manhattanda.org\/\" rel=\"noopener\">61,762 Manhattan cases.<\/a> More than halfway through 2022, the county has managed only 6,902 convictions. These decreases are even more astounding for lower-level crimes. In 2013\u2014when the city had about <a target=\"_blank\" href=\"https:\/\/www1.nyc.gov\/assets\/nypd\/downloads\/pdf\/analysis_and_planning\/historical-crime-data\/violation-offenses-2000-2021.pdf\" rel=\"noopener\">25 percent fewer violation<\/a> offenses than today\u2014Manhattan secured 7,528 convictions for disposed infraction\/violation cases. This year, it has gotten 16.<\/p>\n<p>The causes of these huge drop-offs include various policies, many statewide, that make it harder for prosecutors to convict and sentence criminals and for judges to keep them in jail when they seem likely to reoffend pretrial or while on parole.<\/p>\n<p>Manhattan DA Alvin Bragg hasn\u2019t helped. Last January he announced, as his first order of business, that robbing a store with a dangerous weapon would <a target=\"_blank\" href=\"https:\/\/www.nydailynews.com\/opinion\/ny-edit-imagine-theres-no-weapon-20220108-t5ornmmcbvg6jc4nc3ohyr5bbm-story.html\" rel=\"noopener\">no longer be charged as a felony<\/a>, only as a misdemeanor\u2014a category of cases for which convictions over the past 11 years <a target=\"_blank\" href=\"https:\/\/data.manhattanda.org\/\" rel=\"noopener\">fell by over 90 percent.<\/a> Bragg <a target=\"_blank\" href=\"https:\/\/gothamist.com\/news\/bragg-walks-back-some-stances-maligned-policy-memo-amid-pressure\" rel=\"noopener\">walked back<\/a> that language slightly, but he has still concretely reduced charging (and therefore also bail-eligibility) expectations for violent stealing.<\/p>\n<p>Given such a remote likelihood of punishment, doing the wrong thing in Big Apple eateries and shops has become de rigueur. Shoplifting is so endemic that pharmacies are locking down more of their products\u2014<a target=\"_blank\" href=\"https:\/\/www.kiro7.com\/news\/trending\/spam-other-foods-secured-store-lock-boxes-amid-increase-shoplifting\/ER7KYGDPOBC7DNQS4G36WVWQ4U\/\" rel=\"noopener\">even SPAM<\/a>\u2014as the only way to keep thieves from walking off with them.<\/p>\n<p>Once it\u2019s clear that there are no criminal justice guardrails in effect, those restrained by neither family nor community norms feel emboldened to commit the worst kinds of violent acts for even trivial causes.<\/p>\n<p class=\"byline\"><i><a target=\"_blank\" href=\"https:\/\/www.city-journal.org\/contributor\/hannah-meyers_1723\" rel=\"noopener\">Hannah E. Meyers<\/a> is the director of policing and public safety at the <a target=\"_blank\" href=\"https:\/\/www.manhattan-institute.org\/expert\/hannah-meyers\" rel=\"noopener\">Manhattan Institute<\/a>.<\/i><\/p>\n<p>\t\t\t<!-- Photo Attribution --><\/p>\n<div class=\"l_ipage-container\">\n<div class=\"donate-options\">\n          <span style=\"font-size:15px;\"><em>City Journal<\/em> is a publication of the Manhattan Institute for Policy Research (MI), a leading free-market think tank. Are you interested in supporting the magazine? 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