Category Archives: Criminal Justice
The First Amendment Could Soon Be On Trial Before the U.S. Supreme Court
The US Supreme Court is currently considering a petition to review a case that is of vital importance to preserving our First Amendment rights: The case – McKesson v. Doe – involves a protest organizer who is being sued by a police officer who was allegedly assaulted at the protest; not by the organizer,… Read More »
As Criminal Justice Reforms Make Headway In New York Starting January 1, Some Push Back
On January 1, critical criminal justice reforms here in New York went into effect and already changed a number of practices that affect criminal defendants every day. Most notably, prosecutors can no longer wait until the morning of jury selection to hand over evidence to the defense but must, instead, turn everything over within… Read More »
New Jersey Could Be the Next State to Eliminate the Use of ‘Gay or Trans Panic’ Defense
Following proposed federal legislation and other states that have enacted bans, in November, New Jersey lawmakers introduced legislation banning the use of gay or trans panic defense in criminal cases. The bill proposes to prohibit the use of the defense in cases that involve murder/homicide charges; specifically, the act of reducing murder charges to… Read More »
Administration Announces New “Crackdown” On Violent Crime, But Is It Simply a Front to Arrest More Immigrants
In late October, President Donald Trump announced that Attorney General William Barr would soon reveal a new initiative to fight violent crime which will be geared towards going after drug traffickers and gangs in high crime cities and dangerous rural areas. Trump also announced that there would be a new Law Enforcement Commission created… Read More »
Traffic Stop Case to Be Heard by U.S. Supreme Court Could Effectively Eliminate Fourth Amendment Protections in Circumstances Involving License Suspensions
The US Supreme Court will soon hear a case that will have significant impacts on every citizen’s Fourth Amendment rights. Specifically, the case involves the question of whether a police officer has enough reasonable suspicion to pull someone over after running the license plates when the owner of the car’s driver’s license has been… Read More »
New York’s Raise the Age Law Has Transformed How Juvenile Crimes Are Treated, Especially in Brooklyn
According to statistics recently compiled and published by the state of New York, the state’s 2018 “Raise the Age” law that moves a number of 16-year-old juveniles accused of crimes out of Criminal Court has been done more successfully in Brooklyn than anywhere else in the city. The law was designed to end the… Read More »
Legal Marijuana In New York: Questions Remaining
A number of questions remain concerning the decriminalization (and legalization) of marijuana in New York. Linked to these questions are those related to the state’s approach to CBD products and where things are headed in terms of past drug infractions. Currently, there is a significant amount of uncertainty concerning all of these issues, which… Read More »
Trial of Officer Who Shot Innocent After Mistakenly Entering His Apartment Thinking It Was Her Own Places Unique Interpretation of Castle Doctrine in Question
The trial of Amber Guyger–the police officer who shot and killed an innocent man (Botham Jean) after mistakenly entering his apartment, thinking it was her own and that he was an intruder–has garnered national headlines in October. While there have been a number of ‘stand your ground’- (or self-defense) related homicide trials around the… Read More »
The Use of Mug Shot Identification in New York Police Lineups, Despite Unreliability
The New York Times recently ran an article on the use of mug shot searches in New York, despite the serious risks of mistaken identification associated with the technique. The technique involves asking victims to search through hundreds of matching photos after detectives enter a description of a perpetrator into the database. New York… Read More »
First Step Act Promised To Reform Criminal Justice & Release Those Doing Unfair Time for Drug Crimes
News reports have been dominated by news headlines of the First Step Act, which, if passed by the Senate by the end of December, would make a number of changes to the criminal justice system, including eliminating mandatory minimum sentencing for a number of drug crimes, providing funding for rehabilitation programs, and instituting a… Read More »
