New York Judges Could Soon Face Consequences for Their Sentencing Decisions - Literally
A proposed rule under consideration by the state's unified court system would require New York judges with sentencing or detaining responsibilities to visit a correctional facility at least once a year. The goal is to bring some transparency to the often-overlooked part of the justice system and to give people in prisons a sense that they haven't been forgotten.
The idea originated with Judge Daniel Conviser, who chairs the Office of Court Administration's criminal law advisory committee. Many judges find sentencing difficult, but visiting correctional facilities is believed to help them understand the harsh realities of imprisonment.
To achieve this goal, Conviser turned to Pace University law professor Michael Mushlin, an expert on prisoners' rights law. Together, they assembled a committee of judges and other experts who crafted the new rule. The proposal would allow judges to see firsthand what life is like in prisons, including solitary confinement units, food preparation areas, education quarters, and more.
Trial runs were conducted at two facilities, Bedford Hills women's correctional facility and Sing Sing maximum-security prison, where the committee members spent five or six hours observing the daily operations. The experiences they had during these visits were described as "profound" by Mushlin, who said he had never experienced such depth in his previous visits to prisons.
The new rule aims to give judges a more nuanced understanding of their decisions and encourage them to consider the long-term effects on those incarcerated. For example, Judge Dineen Riviezzo reported that prisoners at Sing Sing expressed remorse for past actions and shared their educational backgrounds, vocational training, and peer mentoring experiences.
While some judges may object to the new rule as unnecessary or too time-consuming, advocates argue that it would provide a unique opportunity for them to connect with those they have sentenced. Martin Horn, former commissioner of New York City's Department of Correction, expressed support for the proposal, saying that seeing prison conditions firsthand could lead to more compassionate sentencing decisions.
Alelur "Alex" Duran, who spent 12 years in New York correctional facilities, welcomed the idea but suggested making visits more frequent and involving other stakeholders, like prosecutors. He believes it is essential for those involved in the justice system to understand what they are sending people to.
The proposed rule faces several hurdles before becoming law, including approval by the Administrative Board of the Courts and the New York Court of Appeals. Mushlin anticipates varying reactions to the proposal but has already collected 26 comments in support.
A proposed rule under consideration by the state's unified court system would require New York judges with sentencing or detaining responsibilities to visit a correctional facility at least once a year. The goal is to bring some transparency to the often-overlooked part of the justice system and to give people in prisons a sense that they haven't been forgotten.
The idea originated with Judge Daniel Conviser, who chairs the Office of Court Administration's criminal law advisory committee. Many judges find sentencing difficult, but visiting correctional facilities is believed to help them understand the harsh realities of imprisonment.
To achieve this goal, Conviser turned to Pace University law professor Michael Mushlin, an expert on prisoners' rights law. Together, they assembled a committee of judges and other experts who crafted the new rule. The proposal would allow judges to see firsthand what life is like in prisons, including solitary confinement units, food preparation areas, education quarters, and more.
Trial runs were conducted at two facilities, Bedford Hills women's correctional facility and Sing Sing maximum-security prison, where the committee members spent five or six hours observing the daily operations. The experiences they had during these visits were described as "profound" by Mushlin, who said he had never experienced such depth in his previous visits to prisons.
The new rule aims to give judges a more nuanced understanding of their decisions and encourage them to consider the long-term effects on those incarcerated. For example, Judge Dineen Riviezzo reported that prisoners at Sing Sing expressed remorse for past actions and shared their educational backgrounds, vocational training, and peer mentoring experiences.
While some judges may object to the new rule as unnecessary or too time-consuming, advocates argue that it would provide a unique opportunity for them to connect with those they have sentenced. Martin Horn, former commissioner of New York City's Department of Correction, expressed support for the proposal, saying that seeing prison conditions firsthand could lead to more compassionate sentencing decisions.
Alelur "Alex" Duran, who spent 12 years in New York correctional facilities, welcomed the idea but suggested making visits more frequent and involving other stakeholders, like prosecutors. He believes it is essential for those involved in the justice system to understand what they are sending people to.
The proposed rule faces several hurdles before becoming law, including approval by the Administrative Board of the Courts and the New York Court of Appeals. Mushlin anticipates varying reactions to the proposal but has already collected 26 comments in support.
. I've been doing some digging, and did you know that according to a 2022 survey by the Bureau of Justice Statistics, about 70% of judges reported being dissatisfied with their sentencing decisions? Like, isn't it time for us to see behind those closed doors?
According to data from the New York State Unified Court System, in 2020, there were over 1.4 million adults incarcerated in state prisons and jails. If we assume an average sentence length of about 5 years (based on 2020 data), that's around 28 million days spent behind bars.
The proposed rule would require judges to visit correctional facilities at least once a year. That's like, a pretty significant change 
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i was just talking about this on my squad's chat last night lol judges gotta experience life behind bars before makin' life-or-death decisions for peeps its like they dont even know what they're doin 
and yeah it would be dope if they got to see the daily grind in prisons too, like food prep, ed quarters, all that 
its about gettin a feel for what it's really like out there in the system u feel?
It's time for us as a society to get serious about rehabilitation and making sure people who are incarcerated have access to the same opportunities we do.
But on the other hand, what if they get too close to the prisoners and start feeling bad for them? 
Won't they just end up letting everyone out because they're feeling sorry for them? 
Like, some prisoners are going to mess up no matter what, you know? 
. And if it does, that's awesome! 
But I'm still not convinced that it's worth implementing without some kind of trial period or something to test its effectiveness first 
.
That would be awesome! 
! It's super important for judges to understand what life is like in prison, especially when they're making decisions that can affect people's lives forever. I mean, can you imagine if they just sat at their desks all day, never getting out of their comfort zone? No way, it doesn't work like that.
. It's worth it in the end, I think.