Incarcerating more people won’t cut down on the state’s rising rate of violent crime, a longtime New Mexico trial lawyer told legislators looking for a solution.
Randi McGinn of Albuquerque, who has worked as both a prosecuting attorney and public defender for over 40 years, spoke to the Senate Judiciary Committee on Friday about proposed changes to the state’s pretrial detention system for defendants accused of violent crimes and other measures touted by the governor and Democratic lawmakers who have taken a tough-on-crime stance to tackle what many see as an out-of-control problem. McGinn instead urged the committee to invest money in New Mexico’s judicial system, which she said is underfunded and understaffed. As a result, she said, police in the state arrest about 10,000 people a year, but prosecutors charge only 3,000 of them and judges hear only 1,000 cases.
She pointed to the fiscal impact report for a bill that would alter New Mexico’s pretrial detention system — putting the burden on a defendant to prove they aren’t likely to commit further violence if they are released from jail while awaiting trial, rather than requiring prosecutors to prove the defendant poses too high a risk to be released. The report estimates it would cost $13.8 million annually to detain up to 1,262 more defendants until their trials. McGinn said lawmakers should instead invest that money “in the courts, in the district attorneys and public defenders and the Albuquerque Police Department.”