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Robert Durst Confession
Watching “the Jinx” on HBO was certainly on my list of things to do. Indeed, I knew about the story and I wanted to see it, but I kept putting it off for when I had more time. Then over the course of this weekend,…
How Does The Grand Jury Work In New York?
The Michael Brown and Eric Garner cases have gotten a lot of attention lately. And because in both instances the grand jury failed to indict, the grand jury system has also gotten a lot of attention. It seems like the process itself has come under…
Criminal Liability For Another’s Actions
Suppose three people named Adam, Brian, and Charlie decide to rob a bank. They devise a plan in which Adam is going to go in first and announce that a robbery is occurring. The plan is for him to take out a gun and to…
When Is A Police Officer Allowed To Use Deadly Force?
There is obviously a lot of talk in the media lately regarding whether Police Officer Darren Wilson was legally justified in killing Michael Brown. In addition, Akai Gurley was fatally shot by a police officer in Brooklyn a few days ago. People tend to get…
How Does Law Enforcement Determine Your Blood Alcohol Content?
Suppose a person has a few glasses of wine with dinner and then drives home. Right before getting home, he turns onto his block without signaling. A police officer then pulls him over and detects an odor of alcohol coming from his breath. The officer…
Gigi Jordan And Extreme Emotional Disturbance
Gigi Jordan, a multimillion-dollar pharmaceutical executive, was found guilty of Manslaughter earlier this week. In 2010 she killed her autistic son by jamming a cocktail of drugs and alcohol down his throat. She was charged with Murder. After a long bout of bizarre litigation with…
NY High Court Strikes Down Queens DA Pre-Arraignment Procedures
The New York Court of Appeals vacated a defendant’s conviction and ordered a new trial in People v. Dunbar. They ruled that the statements made by the defendant should have been suppressed because the pre-Miranda statements by the Queens District Attorney’s Office to the defendant…
“Defense” of Intoxication
Suppose a person goes out for a night of heavy drinking. After the 10 or 11th shot, he blacks out. He then wakes up the next morning in a jail cell. He has absolutely no idea where he is or what is going on. He…
Entrapment!
Everybody seems to have at least some understanding of entrapment. From a common layperson’s perspective, the idea usually comes up in the context of a situation where an under cover cop pretends to buy or sell an illegal product or service and then arrests the…
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