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The killing of 23-year-old Iryna Zarutska in Charlotte, allegedly by a recently released repeat offender, is amplifying nationwide criticism of judicial rulings that put violent suspects back on the streets.
Critics argue that judges are too lenient, but New York City trial attorney Nicole Brenecki said the issue is layered.
“I think we can agree that it’s not just common knowledge in society,” she told Fox News Digital. “I think there’s also statistics available to us right now that repeat offenders are on the rise. Recidivism is at an all-time high.”
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Brenecki said that the period after the individuals leave jail or prison is “the highest risk” for reoffending because of housing instability, job instability and lack of basic resources. But she also pointed to the growing pressure on courts to move cases along quickly and overwhelming caseloads.
“There is a trend towards leniency,” she said. “And that trend is criticized because we see the results – these people do go out and commit the offense again. And that jeopardizes public safety.”
The suspect in Zarutska’s killing, Decarlos Brown Jr., allegedly attacked and stabbed her to death while the young Ukrainian refugee was commuting home from her pizzeria job in August.
Brown had a history of violent crime, including assaults and robberies, and had also been diagnosed with schizophrenia. Yet he was still free and walking the streets.
Brenecki said that judges often face public backlash in such cases like Zarutska’s, but many misunderstand the legal constraints in place.
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“This is a very, very difficult subject because we have this term ‘judicial discretion,’” she said. “When it comes to the release or bail, it’s all discretionary. There are risk assessment factors they’re supposed to be looking at, but mistakes are made.”
She said that judges are required to strike a balance between maintaining the presumption of innocence for the accused and ensuring public safety. But even so, some decisions defy common sense.
“When you see the articles in the media saying people were released and they had, I don’t know, 70 prior arrests, there is a red flag there,” she said. “For some reason, it is not being brought to attention at the time of the sentencing or release.”
She noted that not all arrests result in convictions, but that repeated arrests still signal a clear pattern of dangerous behavior.
“Arrest does not always lead to a conviction, but the arrest is usually based on some act,” she said. “So even if this person finds themselves perpetually in those types of situations that lead to arrests, it’s somewhat of a red flag.”
WATCH: Chicago train attack revives debate on cashless bail for repeat offenders
Brenecki said that part of the problem is that judges are influenced, consciously or not, by political and social pressures for deincarceration.
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“I don’t think judges should be looking at the state of society and saying, ‘Oh, perhaps we should be doing better as a nation in terms of curbing poverty,’” she said. “This is not a judge’s place to make those considerations and have them outweigh public safety.”
“If I were to sum up everything, I think it’s the failure of the judicial system and the court system and the court system more than anything else,” she said.
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