The Anatomy of Advocacy, Part 1: How “Tough on Crime” Politics Reshaped Justice in New York

In the mid-1990s, New York was gripped by “tough on crime” politics. Headlines were filled with fear, politicians raced to outdo each other on punitive policies, and communities—especially Black and brown communities—bore the brunt. But behind the slogans and soundbites, laws were quietly reshaped in ways that would keep people incarcerated longer and under state supervision for life. One of the most consequential was Governor George Pataki’s push to eliminate parole for “violent offenders.”

In 1995, Pataki entered office promising to restore the death penalty and end parole for people convicted of so-called Index crimes. Within his first month, Executive Order Number 5 ended work release for this group, gutting a key reentry tool.

Though the legislature blocked his attempt to abolish parole outright, Pataki directed the parole board to deny release to people convicted of Index crimes, causing release rates to collapse to nearly zero. In 1998, his signature victory came: Jenna’s Law, requiring determinate sentences for Index crimes.

While not retroactive, the law carried a hidden penalty—a rider eliminating the three-year discharge from parole (Executive Law 259-j) for Class A-1 felonies, including murder and kidnapping. For many with the lowest recidivism rates in the state, this meant lifetime supervision.

This was the backdrop for an extraordinary grassroots fight—one led not by political insiders, but by the very people directly impacted.

➡ Read Part 2: Birth of a Movement »

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About William Eric Waters, aka Easy Waters

William Eric Waters is an award-winning poet, fiction writer, essayist, educator, criminal-justice scholar, and nonprofit executive. Writing as William E. Waters, he is the author of the epic poem Black Shadows and Through the White Looking Glass and three poetry collections: Sometimes Blue Knights Wear Black Hats, The Black Feminine Mystique, and The Black Blood of Poetry. Under the pen name Easy Waters, he is the author of the novel Streets of Rage and the short-story collection Conundrums: Stories of Law & Justice. His work explores Black history, race, law, punishment, institutional power, accountability, redemption, and resilience.
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