When you’re on the ground in court every day, you recognize that some of these programs and the way that they are put into place do more to destabilize rather than stabilize and heal. And so, being able to kind of pinpoint those things and say sometimes it’s even better just to have people out of the system, period, so that we’re not criminalizing poverty, mental health, substance use, or criminalizing already marginalized communities, like our queer communities of color.
American public defender and politician
Tiffany Cabán (born July 24, 1987) is an American attorney, politician, and political organizer who has served as a member of the New York City Council for the 22nd District since the 2021 New York City Council election. She won the Democratic primary for the seat after the incumbent, Democrat Costa Constantinides, retired. She was a candidate in the 2019 Democratic primary for Queens County's District Attorney in the State of New York, which she narrowly lost to Queens Borough president Melinda Katz.
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DAs get to decide what our metrics of success are. But “success” has been defined as convictions and sentences, right? That’s got to change. The metrics should be reducing recidivism, decarcerating, applying the law fairly across racial and class lines. The police department is typically going to make arrests that the DA’s office supports, that it is going to then take and prosecute. So, I think that it is a mechanism for informing the police department what kind of offenses they should be focusing on. Also, with the resources that the DA’s office has, there’s an opportunity to reinvest in our community. The DA’s office does have those resources, so that police officers aren’t the first responders in situations where they really shouldn’t be.
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I think that we’re in this really special moment in time where we’re seeing decarceral prosecutors, committed to keeping people rooted in their communities with access to resources and supports, be elected all around the country. We’re seeing defense attorneys being elected into these positions all around the country, and also being able to navigate relationships with police departments that, you know, coming in, were sort of adversarial, just based on the things that they were talking about.
I’ve been practicing criminal law in Manhattan and seeing District Attorney Cy Vance sort of come out with these so-called progressive policies, and recognizing that, you know, there’s a big fat asterisk next to those policies. And my clients, who were the exception to the rule before, continue to be the exception to the rule afterwards. One of the things that stands out to me, or I’ve told a lot during this campaign, is, when he said he wasn’t going to prosecute turnstile jumps. You know, a week later, I picked up a turnstile jump that we litigated for a year and went to trial on. And it was a perfect example of what’s wrong with our justice system, that we’re making decisions that overcriminalizes our black and brown and poor communities, that doesn’t serve public safety.
If you want to target true trafficking, then you have to fully decriminalize so that you’re creating a space where survivors and victims can access health care services, can feel comfortable cooperating with the district attorney’s office or law enforcement. Doing anything to drive the behavior underground just increases the risk of harm and violence. You can’t take the middle ground and say “Well, I’m not going to prosecute sex workers but I’m going to prosecute their customers.” Again you are creating an environment where there’s still a fear of decriminalization and there’s serious destabilization.
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Being endorsed by Congresswoman Alexandria Ocasio-Cortez, you know, folks like her, like Senator Jessica Ramos, Senator Julia Salazar, for me, it moved me in a way that said, “Well, I can do this. I can enter this space and have an impact.” Because, you know, as a 31-year-old queer Latina from a working-class family, never in a million years did I think that I would be entering a space like this. But I feel not only that I have the right experience, but that we are so well equipped to get the job done.
If the goal is public safety, then we should be doing whatever it takes to say, “How do we make sure this harm doesn’t happen again and how do we keep people safe?” The answer is not, overwhelmingly, to just throw somebody in a cage and then throw them back out on the street after whatever the sentence is. Where they’re not in a position to thrive.
We could be partnering and working on LEAD initiatives, Law Enforcement Assisted Diversion, things that we’re seeing in Seattle, up in Albany, that are working, that give police officers the opportunity to make the decision not to make an arrest and just to provide support. And in places where they’re doing these things, they’re seeing violence between officers and civilians go down exponentially.
Every day in court was just a constant reminder that our justice system is the single most powerful driver of the continued oppression of our black and brown, our low-income, our immigrant, our LGBTQIA+ communities. But one thing that’s also glaringly obvious is that if you have money, if you have the right political ties, if you pad the right pockets, you can get away with doing a lot of harm in our communities.
We’re at a time where people are open to redefining what the role of the DA is, because historically it has served a function to punish the poor. It’s been one that has disproportionately criminalized our black and brown and working-class immigrant communities. There is an incredible opportunity for harm reduction by bringing in somebody with more leftist analysis, saying “Hey this isn’t about convictions and sentences, this is about public safety, this is about fairness.” There’s some potential to shape the office, so that it really is a driver for protecting the very folks that have been disproportionately, negatively impacted by our system. It can be, when you have an independent, progressive person at the forefront, a vehicle for holding bad actors accountable who are profiting off of others’ disenfranchisement.
Rikers Island, our jail here, is the largest mental health provider in our state. It’s horrific. You get released from Rikers Island, you get a couple days’ worth of medication, and then you’re on your own. The amount of money we’ve spent to incarcerate folks could all be reinvested in comprehensive mental health care access.