The second that you introduce somebody to the criminal justice system you are injecting a ton of destabilizing and stigmatizing factors that continue… - Tiffany Cabán

I am a queer Latina from a low-income community. I grew up in South Richmond Hill, Queens and my parents grew up in Woodside housing projects. We’re talking about communities that have been historically over-policed, over-criminalized, but also resource-starved. When we talk about the injustices done by our system, it’s not just people who are accused of crimes, it’s survivors and victims as well. It is a situation of certain folks not having access to the same resources and protections as other folks. My story wasn’t one that I pulled myself up by my bootstraps and got to be a lawyer and got to do all these great things. Really there’s not much that separates me from my clients. What separates me — the only thing that I can point to besides chance and luck — is the fact that my dad got a union gig out of high school. That was game-changing in terms of my access to an education, to health care, to therapy so that I could have reparative experiences around my own trauma that then could lead to a lot of different things like criminal justice system involvement. It’s important to have somebody with that background. Who recognizes that a lot of times, what drives crime or unsafe conditions is instability in people’s lives. Stability, in things like housing, health care, education, equals public safety. These are things that we all should have a right to access. We should bring that perspective into our district attorney’s office and say “Hey, if what we’re supposed to do here is promote public safety, then we should be investing resources in the communities that have suffered because of other people benefiting at their expense.”

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.

We have taken public health issues and punted them to a criminal justice system. What we should be doing instead is going to the root causes of the instability. You can tie it back to the bad actors who are destabilizing entire communities that then drive crime, whether it is low-level quality of life crime or violent crime. It’s all connected. As a public defender I represent clients who the system criminalizes for their substance use disorder, rather than prosecuting a doctor who’s overprescribing opioids. Or it prosecutes a client who is seeking shelter, rather than a bad landlord who’s unlawfully evicting or a predatory lender who’s stealing somebody’s home. I represent people who are accused of stealing from their employers when in fact their employers are misclassifying workers, stealing their wages, taking advantage of our undocumented communities, preventing people from unionizing. When you think about it that way it’s a no-brainer, right? These are things that seem intuitive, but again there are people profiting off of this. That really the reason why those types of prosecutions aren’t prioritized, and they should be.