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“The Arnold instrument is a tool that the judges have at their disposal and what you'll notice from the order that the judge released today is she did use it as a tool and as a recommendation, but what she did take into account was the seriousness of the new criminal charge that has been filed,” said UNM Professor of Law, Sonia Gipson Rankin.

“Let's say that you have a person who's loitering and they're charged with possession of methamphetamine and let's say that they're a methamphetamine addict and they've been arrested and charged five times in misdemeanor court. Under the way the Arnold Tool works here, they'd be more likely to be held pending trail in jail and deprived of their liberty than a premeditated murder who had a clean wrap sheet,” said Joshua Kastenberg, a UNM law professor.

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