By Village Justice Tom Liotti
In 24 years as a Village Justice I have sent only one person to jail, a repeat offender, for 15 days. That is the maximum sentence that I can impose for a violation of the state’s vehicle and traffic laws or for a violation of our building code. I can impose a consecutive sentence or more time if a person is found guilty of more than one violation. For example, if convicted of two violations, the potential jail sentence could be up to 30 days.
At the risk of sounding too lenient, let me explain some of my reasoning which I outlined in my decision in that one case. At the time, some inmates had been killed and the Nassau jail was under investigation by the Department of Justice. Taxpayers were paying up to $35,000 per year to house a single inmate. A short sentence did not seem to curtail recidivism but the defendant was a repeat offender with no remorse and a demonstrated disrespect for the law and the Court. So I gave him his 15 days. He has not since returned to our Court.
Today we remain the most incarcerated nation on earth but there is a growing trend to close jails and provide better and more cost effective alternatives. Cyrus Vance, the Manhattan District Attorney and one of his able Chief Assistants, Chauncey Parker, formerly the head of New York’s Criminal Justice Agency under Governor Pataki, are leading the way to reform. It is desperately needed.
In 1975 during law school, I volunteered to work at the jail in its school and recreation programs. I wrote a report about the deplorable conditions which I observed there and which later resulted in charges against several guards. The most recent events involving the investigations of Rikers Island and the prosecutions of guards for their nearly fatal beating of a prisoner at Attica drives home the point that substantial reforms are needed within our criminal justice system. This is why I have urged the establishment of national and statewide commissions on criminal justice.
Village justices are required to visit jails. I did visit the Nassau jail recently where I was taken to a DWI tier holding 52 inmates. The guards were doing a commendable job with limited resources. The deplorable conditions that I observed were as bad for the guards as they were for the inmates. The conditions cannot help but cause anger, fear and violence. They are a danger to guards and prisoners alike. We need fewer jails, jail sentences and more alternatives to jail or even criminal prosecutions.
