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District Attorney “Legalizes” Marijuana In Brooklyn
During the heated race for Brooklyn District Attorney, Kenneth P. Thompson said if he was elected, he would make it a policy to decline to prosecute marijuana-related arrests. Mr. Thompson won the election and now appears to be keeping his word. The New York City…
Cannibal Cop And Conspiracy
The arrest and conviction of New York City Police Officer Gilberto Valle became an international story. Mr. Valle was accused by the federal government of conspiring with others to kidnap women so he and his co-conspirators can do all sorts of depraved things to them.…
Prosecutors Have All The Power
If you ask a layperson who has the power to decide whether someone should go to jail or not, he may say that this particular power lies with the police. If you ask a more educated layperson the same question, he may tell you the…
NYPD Efforts To Fight “War On Drugs” Are Misguided
When the United States decided to declare “war” on drugs like crack, cocaine, heroin, and marijuana, the NYPD followed suit with the creation of narcotics units. These units would be comprised of police officers and detectives whose sole purpose was to arrest people who were…
Why America’s Drug Laws Make No Sense
Why does a government have the moral right to take away the rights and liberties of someone who committed a crime? In other words, if it is wrong for someone to kill someone else, then why does the government have the right to kill the…
Federal Judge Says Plea Bargaining System Is Broken
Many criminal law practitioners believe the criminal justice system is broken. Most believe the reason it is broken is because the plea-bargaining system is broken. Federal Judge Jed Rakoff offered his own insight in a New York Daily News piece that was released today. Judge…
How does self-defense work in New York?
Self Defense Laws NYC The State of New York adheres to the “Duty to Retreat” & “Castle Doctrine” clauses. In public many have the limited responsibility to retreat when possible as NY is not a “Stand Your Ground” state. However, if a threat occurs in…
Occupy Wall Street Protestor Found Guilty
Last week, a Manhattan jury found an Occupy Wall Street protestor guilty of Assault in the Second Degree. Cecilly McMillan now faces up to 7 years in prison for elbowing a police officer during a protest. Ms. McMillan’s defense was that the officer grabbed her…
The Impossibility Of The Insanity Defense- Part 2
These developments make it almost impossible to prevail in an insanity defense. In New York, the insanity defense is listed in Penal Code Section 40.15. In the section, the law states “[i]n any prosecution for an offense, it is an affirmative defense that when the…
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