Criminal Justice Reform

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Last month, Proskauer hosted its annual event highlighting the Firm’s participation in the Associates’ Campaign for The Legal Aid Society, an initiative that brings associates together to raise critical funds in support of the nonprofit. This year’s conversation focused on rethinking the juvenile justice system in New York State. Panelists included Werdeh Hassan, Staff Attorney in The Legal Aid Society’s Juvenile Rights Practice; Anthony Katchen, Attorney-in-Charge of The Legal Aid Society’s Juvenile Rights Practice at the Staten Island Trial Office; and Shomari Ward, Litigation Director at Youth Represent.

The Thirteenth Amendment to the United States Constitution, adopted in 1865 at the conclusion of the Civil War, abolished slavery across the United States with one notable exception. According to the amendment, “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (emphasis added). In other words, slavery and involuntary servitude remain constitutionally acceptable forms of punishment for individuals who are convicted of crimes. This loophole has a disturbing history of being used to target Black Americans in the aftermath of the Civil War, with local authorities imprisoning thousands of formerly enslaved people on faulty charges and exploiting their labor. In upholding the legality of forced prison labor, the Virginia Supreme Court even went so far as to describe a prisoner who challenged the practice as a “slave of the State.” Ruffin v. Commonwealth (1871).

As part of its mission to raise awareness about the impact and importance of The Legal Aid Society, Proskauer’s Associates’ Campaign for Legal Aid organized a special event on wrongful convictions featuring Elizabeth Felber from Legal Aid’s Wrongful Conviction Unit, Jason Flom, a renowned criminal justice reform advocate, and Jimmy Dennis, an exoneree who served 25 years on death row for a crime he did not commit.   

A critical part of criminal justice reform is making it easier for those with criminal records to reenter society. This means greater job training, more employment opportunities, affordable housing, and stronger laws prohibiting discrimination and facilitating the expungement of old convictions.  Successful reentry into a free society, however, requires more than just the basic needs of life. It also requires the restoration of basic rights, and there is no more basic right in a democracy than the right to vote.

In commemoration of Juneteenth 2021, Proskauer was honored to host Nikole Hannah-Jones, founder of The 1619 Project, as part of its A Path Forward lecture series and Collaborate for Change program.  The discussion was moderated by Keisha-Ann Gray, a partner in the New York office, with support from Proskauer’s Black Lawyer Affinity Group.

Hannah-Jones shared insight into the enduring legacy of slavery and how systemic racial inequities contrast with American ideals. Although this holiday celebrates a moment of hope and joy, its existence also raises important questions and invites reflection.

The 1619 Project, an initiative at The New York Times spearheaded by Hannah-Jones, is provocative for some because it challenges the concept of our national identity. Hannah-Jones questions the framing of the nation’s founders as ushering in liberty and equality for all when some Americans were considered to be less than human. No longer should we view slavery and the contributions of Black Americans as a footnote, but rather “at the very center of the United States.”  

Earlier this year, New York passed legislation legalizing the adult use of cannabis. New Yorkers can now legally possess three ounces for any use, and can smoke marijuana in any publically-designed area where tobacco smoking is allowed, although home cultivation is still not permitted. Importantly, certain convictions – possessing up to 16 ounces or selling up to 25 grams of marijuana – will be automatically expunged from criminal records.

Not only does this law expand existing medical marijuana programs and create a licensing system for producers and distributors, but it also acts as an important step toward addressing the racial disparities in drug-related arrests. During the 1970s and 1980s, the so-called “War on Drugs” stigmatized drug use as a criminal and moral issue rather than treating it as a public health issue.

Staying in touch with loved ones has become more important today than ever before. While technology offers many ways to stay in contact, incarcerated individuals face barriers to communication. Several prisons have paused in-person visitation due to the COVID-19 pandemic. A phone call can cost up to $25, creating a financial burden for many families of the incarcerated. As the United States, which incarcerates more individuals than any other country, confronts the challenges of its criminal justice system, Proskauer’s pro bono client Ameelio, a nonprofit organization, is working to facilitate communication between incarcerated individuals and their families by removing cost barriers.

Ameelio’s Founder, Uzoma Orchingwa, explains below how he is finding innovative ways to keep people connected, no matter the cost.

Could you briefly explain how Ameelio works?

Ameelio serves as a technological bridge to the outside world for incarcerated individuals. We have three core products, our mobile application where loved ones can upload letters, postcards and photos for incarcerated individuals. Our second product is Letters for Organizations, where Ameelio helps organizations, like ministries, rehab groups, and educators send mass mail to prisons. Our third product is “Connect,” which is a videoconferencing tool we are launching in April 2021.