Manhattan District Attorney Alvin Bragg walked back soft-on-crime policies for prosecuting crime Friday amid an uptick in crime in New York City.
In a memo to staff, Bragg acknowledged that a controversial memo issued last month that called for softer penalties on various types of crime caused “confusion” among staff and said prosecutors should use their judgment in individual cases.
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“The January 3rd Memorandum was intended to provide ADAs with a framework for how to approach cases in the best interest of safety and justice,” he said in the memo. “Our collective experience, however, has been that the Memorandum has been a source of confusion, rather than clarity. As I emphasized in my remarks to the office, you were hired for your keen judgment, and I want you to use that judgment — and experience — in every case.”
Bragg, a Democrat, took office Jan. 1, and during his short tenure, overall major crime in New York City jumped about 38.5% in January compared to the same time last year, according to data from the New York City Police Department.
Bragg’s Jan. 3 memo drew criticism from political observers and members of the law enforcement community in the city. NYPD Commissioner Keechant Sewell said she was “very concerned” about how the policies might affect officers and the public. The two subsequently had a meeting to discuss her concerns, the New York Times reported.
The January memo, which included a host of “policies and procedures” on how various crimes in the district should be prosecuted, was meant to serve merely as a guide, Bragg claimed Friday.
The January memo contained a list of the types of charges prosecutors should not use in cases of trespassing, not paying user fees for public transportation, marijuana misdemeanors, resisting arrest, prostitution, and more. The January memo also said commercial burglaries should not be charged as a felony.
“An act involving theft of property from a commercial establishment that could be charged under PL § 140.25(2) because such establishment is technically part of a larger structure that contains dwellings shall only be charged under § 140.20,” the Jan. 3 memo said.
Friday’s memo said commercial robberies should be charged as a felony when the assailant uses a gun, knife, or other weapons that could cause physical harm. The memo also said retail thefts that do not involve physical harm should not be charged with a felony.
Bragg also said in Friday’s memo that his office will prosecute any person who attempts to harm or successfully harms a police officer.
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Bragg said Friday’s memo was intended to reiterate remarks he made during a staff meeting Jan. 20 in which he addressed concerns over the Jan. 3 memo.
