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Scott Hechinger

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Hechinger presenting at a conference in 2022.

Scott Hechinger is an American civil rights attorney, former public defender and the founder and executive director of Zealous, a nonprofit organization that trains public defenders and activists to use media, technology, the arts, and storytelling to shape criminal justice policy. Hechinger teaches at Columbia Law School as an adjunct professor.[1]

Career

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Hechinger graduated from Duke University in 2004 with a Bachelor of Arts degree and earned his Juris Doctor degree from New York University School of Law. Upon graduation, he was awarded the "Ann Petluck Poses Memorial Prize" for excellence in clinical work and was named a Florence Allen Scholar.[1]

After law school, he clerked for Judge Raymond Dearie on the U.S. District Court for the Eastern District of New York.[1] Hechinger then worked as an attorney for the Partnership for Children's Rights where he represented children and families in special education litigation.[1]

Brooklyn Defender Services

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Hechinger began work as a public defender for the Brooklyn Defender Services (BDS) in 2012. Hechinger was long outspoken about his frustration of not being able to do individual or systemic justice work given the limitation of court.[2] Hechinger co-founded the Brooklyn Community bail fund, now called Envision Freedom Fund.[3]

As a public defender, he exposed the perjury of a NYPD officer that resulted in a wrongful conviction.[4] He criticized ICE agents targeting and arresting non-citizens when they appeared in court.[5][6] He alleged that there was a group of NYPD officers who invented criminal informants to meet quotas.[7] He challenged the prosecutorial practice of charging young single mothers with Endangerment for leaving their children alone for short periods of time to run necessary errands and even to give birth.[8] Hechinger raised awareness about the NYPD arresting people for the use of THC vape pens even after NYPD pledged to stop marijuana arrests.[9][10]

Hechinger was outspoken about the unjust practices in New York criminal courts.[11][12] In 2017, Hechinger began to use Twitter to spread awareness about the injustices he witnessed in New York courtrooms.[13]

Zealous

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Hechinger founded and directs Zealous, a national advocacy and education initiative, aimed at supporting and organizing public defenders and community advocates to better tell the stories of injustice in the American criminal legal system.

In 2022, Zealous brought together allies in the Chicago community for the Chicago Transformation Collab, a summit and storytelling training, and public arts festival to build alignment and strategy.[14]

Hechinger has collaborated with Fiona Apple on multiple campaigns and projects, including access to courts, court watching, a film on how to safely record interactions with ICE agents,[15] and telling the stories of injustice in Prince George's County, Maryland criminal courts.[16][17] He also worked with Apple to advocate for fair trials in Oregon.[18][19]

Writings and commentary

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Hechinger regularly writes and provides commentary about issues related to the American criminal legal system.

Bail Reform movement

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Hechinger has been an advocate for bail reform for many years.[20] In 2018, he told NowThis News that “Here’s what’s crazy: five minutes is over five times longer than the time it takes judges in the criminal court where I practice to decide to jail one of my clients pretrial, presumed innocent until their case is over, on cash bail they can’t possibly afford.”[21]

He has written about bail reform in New York.[22][23][24] Hechinger told NBC News in 2022 that "it's misleading to tie bail changes to crime surges because 'reforms happened in very few places, rising crime happened everywhere.'"[25]

Mandatory minimum sentencing

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He has argued that mandatory minimum sentencing enables police misconduct.[26]

Media

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Hechinger regularly criticizes the news media for their coverage of crime and criminal justice policies.[27][28][29] Hechinger has noted that many journalists seek out sensational stories about bail reform.[30] He has argued that there is a pro-police worldview deeply engrained in journalism (see also: copaganda).[31]

He has criticized The New York Times including for their use of data in reporting on crime.[32]

Cannabis

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Hechinger believes that excessive prison sentences for cannabis offenses are egregious and that police interactions for cannabis are "unnecessary and unjust."[33][34] In response to U.S. President Joe Biden calling for the release of Brittney Griner, Hechinger wrote: "Joe Biden's calling for her [Griner’s] release and talking about how unjust a nine-year sentence is—40,000 people today are incarcerated for marijuana offenses in the United States, even as the legal cannabis industry is booming.”[33][35]

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In the response to the Supreme Court of the United States's May 2022 ruling that innocence is not enough to overturn a murder conviction, he wrote: "Know this: Yesterday the U.S. Supreme Court ruled it is perfectly Constitutional to imprison and execute people, *even those who have evidence of their innocence & inadequate counsel.* Not just that: They ruled the Constitution prohibits even evidentiary hearings to look into it."[36]

Mass incarceration

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Hechinger has been critical of the American criminal justice system. He advocates for more investment in affordable housing, mental health and substance abuse treatment, and poverty alleviation.[37][38] He has criticized the conditions at Rikers Island jail complex,[39] and at the Metropolitan Detention Center, Brooklyn.[40] He has advocated for the closure of Rikers.[41] He has criticized the foster care system in New York.[8]

During the COVID-19 pandemic, Hechinger advocated for the release of people from jails and prisons to the protect the health of those who were incarcerated.[42][43] He helped found the "Gasping for Justice" Project.[44] He raised awareness about a COVID-19 outbreak in Prince George's County, Maryland jails.[45]

Hechinger told Mother Jones: "We, as a society, spend more on policing, prosecution, and prisons than any other society in the history of the world. And still, we are not the most healthy or safe society in the history of the world. And so we should be questioning why that is.”[46]

In response to jail sentence of Jussie Smollett, Hechinger wrote: "However you feel about Jussie Smollett & what he did, why does any jailtime, let alone 150 days make sense? Enormous taxpayer cost. His careers deeply damaged so punishment’s exacted. Forget rehabilitation: he’ll come out far more damaged than when he went in. A costly waste.”[47] He said of the trial of the men convicted of killing Ahmaud Arbery in Georgia state court, "To me, the trials underscore how ill-equipped the criminal legal system, process, and punishment is to achieve accountability and healing."[48] In response to Paul Manafort's prison sentence, Hechinger wrote: “For context on Manafort’s 47 months in prison, my client yesterday was offered 36-72 months in prison for stealing $100 worth of quarters from a residential laundry room.”[49][50]

Policing

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Hechinger has reported on the practice of some police to initiate arrests for low-level offenses at the end of their shifts in order to collect overtime pay.[51] Hechinger has criticized the New York Police Department for police brutality,[52][53][54] and corruption.[55] He has also questioned the efficacy of policing "reforms" in New York.[56] He has criticized the NYPD for arresting people for evading subway fare.[57]

Hechinger believes that crime stoppers hotlines encourage sketchy tips and harm low-income criminal defendants.[58] He has argued that prosecutors should not accept cases from officers with documented credibility issues.[59]

He has criticized Nassau County prosecutors for targeting Black and Brown people with felony charges for traffic-related infractions.[60] He criticized NY prosecutors for using DNA evidence to coerce plea bargains.[61]

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Hechinger criticized Attorney General William Barr for his refusal to acknowledge the role that racism plays in the American criminal legal system.[62]

Works cited

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  1. ^ a b c d "Scott Hechinger". Columbia Law School. 2021. Retrieved 2022-12-01.
  2. ^ "Scott Hechinger—Public Defender". The New Yorker. Retrieved 2023-03-12.
  3. ^ "Scott Hechinger: A Day in the Life of a Brooklyn Public Defender". Teen Vogue. 2019-12-19. Retrieved 2022-12-01.
  4. ^ Davis, Zuri (2020-01-10). "An NYPD Cop Was Sentenced to a Day in Jail for a Lie That Nearly Doomed a Man to 15 Years in Prison". Reason.com. Retrieved 2022-12-01.
  5. ^ Neyfakh, Leon (2017-09-15). "Plainclothes ICE Agents at a Brooklyn Courthouse Might as Well Have Been Secret Police". Slate Magazine. Retrieved 2022-12-01.
  6. ^ Rhodan, Maya. "Plainclothes Officers Arrested Immigrants at a Courthouse. Can They Do That?". Time. 18 September 2017. Retrieved 2022-12-01.
  7. ^ Clifford, Stephanie (2014-12-11). "In Brooklyn Gun Cases, Suspicion Turns to the Police". The New York Times. ISSN 0362-4331. Retrieved 2022-12-01.
  8. ^ a b Clifford, Stephanie; Silver-Greenberg, Jessica (2017-07-21). "Foster Care as Punishment: The New Reality of 'Jane Crow'". The New York Times. ISSN 0362-4331. Retrieved 2022-12-01.
  9. ^ Black, Lester. "Vaping While Black in NYC Gets You a Night in Jail". The Stranger. Retrieved 2023-03-12.
  10. ^ Fisher, Janon (2018-12-03). "NYC councilmen Lancman and Richards ask NYPD why it continues to arrest for THC oil after stopping low-level marijuana arrests". New York Daily News. Retrieved 2023-03-12.
  11. ^ Pinto, Nick (2015-08-13). "The Bail Trap". The New York Times. ISSN 0362-4331. Retrieved 2022-12-01.
  12. ^ Pinto, Nick (2015-08-13). "A Night in Brooklyn Criminal Court". The New York Times. ISSN 0362-4331. Retrieved 2022-12-01.
  13. ^ Manley, Janet (2021-02-18). "Should Public Defenders Be Tweeting?". Vice Media. Retrieved 2022-12-01.
  14. ^ Salem, Yahya (2022-06-26). "Chicago Summit Brings Together Advocacy Groups, Creators to Highlight Role of Storytelling in Criminal Justice Reform". WTTW News. Retrieved 2022-12-01.
  15. ^ Mettler, Katie (2022-03-18). "Court watchers, with Fiona Apple's help, are fighting to keep virtual access beyond the pandemic". Washington Post. ISSN 0190-8286. Retrieved 2022-12-01.
  16. ^ Vargas, Theresa (2022-10-26). "Perspective | Fiona Apple uses her voice to call out Prince George's justice system". Washington Post. ISSN 0190-8286. Retrieved 2022-12-01.
  17. ^ Tran, David (2022-03-17). "Fiona Apple Really, Really Wants You to Call These Maryland Lawmakers". Washingtonian. Retrieved 2022-12-01.
  18. ^ Stillwell, Chloe (2022-02-28). "Fiona Apple is fighting against a racist law supported by the KKK". Mic. Retrieved 2022-12-01.
  19. ^ Ding, Jaimie (2021-03-18). "Nonunanimous juries — recently ruled unconstitutional — convicted hundreds sitting in Oregon prisons. Now, they want a fair trial". Oregon Live. Retrieved 2022-12-01.
  20. ^ MacDougall, Ian (2017-11-24). "The Failure of New York's Bail Law". The Atlantic. Retrieved 2022-12-01.
  21. ^ "Public Defender Scott Hechinger Breaks Down America's Bail System". NowThis News. 2018-11-30. Retrieved 2022-12-01.
  22. ^ Hechinger, Scott (2022-03-06). "We must follow facts, not fear: Bail reform not the reason for rise in some crimes in NYC". New York Daily News. Retrieved 2022-12-01.
  23. ^ Hechinger, Scottt (2022-08-03). "Don't take Zeldin and Adams' bail-blame bait". New York Daily News. Retrieved 2022-12-01.
  24. ^ "Bail reform is already working: Look beyond the breathless fearmongering". New York Daily News. 22 January 2020. Retrieved 2022-12-01.
  25. ^ "Bail reform emerges as new flashpoint in midterm messaging on crime". NBC News. 16 July 2022. Retrieved 2022-12-01.
  26. ^ Hechinger, Scott (2019-09-25). "Opinion | How Mandatory Minimums Enable Police Misconduct". The New York Times. ISSN 0362-4331. Retrieved 2022-12-01.
  27. ^ Hechinger, Scott (2021-10-06). "A Massive Fail on Crime Reporting by "The New York Times," NPR". ISSN 0027-8378. Retrieved 2022-12-01.
  28. ^ "Commentary: San Francisco Media Telling a One-Sided Story about DA Boudin". Davis Vanguard. 2021-11-02. Retrieved 2022-12-01.
  29. ^ "Political misinformation, and a matter of scale". Columbia Journalism Review. Retrieved 2022-12-01.
  30. ^ "Bail Reform Helps Countless People. Why Don't We Hear More of Their Stories?". The Appeal. 19 July 2022. Retrieved 2022-12-01.
  31. ^ "Why the Media Won't Stop Using 'Officer-Involved Shootings'". The Appeal. 12 October 2021. Retrieved 2022-12-01.
  32. ^ "New York Times Headline Snafu Raises Questions About Crime Reporting". NewsOne. 2021-11-28. Retrieved 2022-12-01.
  33. ^ a b Krishnan, Manisha (2022-08-16). "The US Regularly Treats Black Weed Users Like Brittney Griner". VICE Media. Retrieved 2022-12-01.
  34. ^ Rakia, Raven (2018-11-26). "The 'Hypocritical' Loophole in New York's Pledge to Stop Prosecuting Marijuana". The Appeal. Retrieved 2022-12-01.
  35. ^ ""40,000 Other Incarcerated in the US": Amid Iman Shumpert Arrest, Popular Attorney Highlights Brittney Griner Debate". EssentiallySports. 2022-08-07. Retrieved 2022-12-01.
  36. ^ Kassahun, Tomas (2022-05-22). "Supreme Court Rules 'Innocence Isn't Enough' To Overturn Black Man's Conviction Of Murder". Yahoo! News. Retrieved 2022-12-01.
  37. ^ Holder, Sarah (2021-12-17). "Why the San Francisco Mayor Just Pivoted on Policing". Bloomberg.com. Retrieved 2022-12-01.
  38. ^ Pinto, Nick (February 23, 2020). "The Unraveling of Hard-Won Criminal Justice Reforms in New York". The Intercept. Retrieved 2022-12-01.
  39. ^ Asgarian, Roxanna (2019-12-13). "Why people are freezing in America's prisons". Vox. Retrieved 2022-12-01.
  40. ^ Shackford, Scott (2019-02-04). "Federal Public Defenders Sue Over Terrible State of Brooklyn Detention Center". Reason.com. Retrieved 2022-12-01.
  41. ^ "Opinion | How to Close Rikers Island". The New York Times. 2019-10-13. ISSN 0362-4331. Retrieved 2022-12-01.
  42. ^ Kelly, Kim (2020-03-24). "Coronavirus Has Come to Rikers, and the People Inside Are Fighting to Survive". The Appeal. Retrieved 2022-12-01.
  43. ^ Chavez, Nicole (2020-07-10). "7 prisoners with coronavirus died at San Quentin and hundreds more are dying in US jails and prisons". CNN. Retrieved 2022-12-01.
  44. ^ Redmond, Helen (2020-07-16). "Gasping for Justice: People Jailed in the Pandemic Refuse to Be Silenced". Filter. Retrieved 2022-12-01.
  45. ^ Scheimer, Dorey; Chakrabarti, Meghna (2020-08-20). "Portrait Of An Outbreak: How Coronavirus Spread In The Prince George's County Jail". WBUR OnPoint. Retrieved 2022-12-01.
  46. ^ Michaels, Samantha. "Misinformation about crime rates is rampant. Here are the facts". Mother Jones. Retrieved 2022-12-01.
  47. ^ Holmes, Martin (11 March 2022). "Jussie Smollett: Fans React After Actor Is Sentenced to 150 Days in Jail". TV Insider. Retrieved 2022-12-01.
  48. ^ Smith, Jamil (2022-02-08). "Ahmaud Arbery's killers convicted on federal hate crimes charges". Vox. Retrieved 2022-12-01.
  49. ^ Dewan, Shaila; Blinder, Alan (2019-03-08). "Was Paul Manafort's Sentence Too Light?". The New York Times. ISSN 0362-4331. Retrieved 2022-12-01.
  50. ^ Pierpoint, George (2019-03-11). "Is white-collar crime treated more leniently in the US?". BBC News. Retrieved 2022-12-01.
  51. ^ Akinnibi, Fola; Holder, Sarah; Cannon, Christopher. "NYC Cops Log Millions Of Overtime Hours. New Yorkers Don't Feel Safer". Bloomberg.com. Retrieved 2022-12-01.
  52. ^ McCann, Allison; Migliozzi, Blacki; Newman, Andy; Buchanan, Larry; Byrd, Aaron (2020-07-15). "N.Y.P.D. Says It Used Restraint During Protests. Here's What the Videos Show". The New York Times. ISSN 0362-4331. Retrieved 2022-12-01.
  53. ^ Ockerman, Emma (2019-10-28). "Video Shows NYPD Officers Pulling Their Guns on an Unarmed Black Teen on a Crowded Subway Car". VICE Media. Retrieved 2022-12-01.
  54. ^ Ganeva, Tana (2021-06-21). "Data suggests thousands of cases of New York police breaking department guidelines, but consequences are rare". Business Insider. Retrieved 2022-12-01.
  55. ^ Offenhartz, Jake (2018-09-13). "Multiple NYPD Officers Charged In Running 'Complex' Brothel & Gambling Ring". Gothamist. Retrieved 2022-12-01.
  56. ^ Rolnick Borchetta, Jenn; Hechinger, Scott; Kaishian, Maryanne; Wong, Jennvine (2020-07-31). "Opinion | Some police departments cannot be reformed. And we have the videos prove it". NBC News. Retrieved 2022-12-01.
  57. ^ Ewing, Maura (2017-08-04). "Will New York Stop Arresting People for Evading Subway Fares?". The Atlantic. Retrieved 2022-12-01.
  58. ^ Ganeva, Tana; Lipsitz, Raina; Lipsitz, Raina; Wang, Esther; Wang, Esther; Quart, Alissa; Quart, Alissa; Noah, Timothy; Noah, Timothy (2021-10-29). "How Crime Stoppers Hotlines Encourage Sketchy Tips and Hurt Poor Defendants". The New Republic. ISSN 0028-6583. Retrieved 2022-12-01.
  59. ^ Joseph, George; Winston, Ali (2019-09-17). "When Prosecutors Bury NYPD Officers' Lies". Gothamist. Retrieved 2022-12-01.
  60. ^ Lane, Charles (2021-11-30). "Nassau DA Changes Policy After Police Arrest Hundreds Of Drivers On A Technicality". Gothamist. Retrieved 2022-12-01.
  61. ^ Givens, Ann; Lewis, Robert (2017-07-24). "NYC expands controversial DNA testing on seized guns to help charges stick". New York Daily News. Retrieved 2022-12-01.
  62. ^ Hechinger, Scott; Gardner, Tracy M (2017-02-07). "Opinion: William Barr would be a terrible AG. And Mueller's got nothing to do with it". NBC News. Retrieved 2022-12-01.