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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…
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…
The Impossibility Of The Insanity Defense- Part 1
On March 28, 2014, David Tarloff was found guilty of murdering a psychologist in a botched robbery. This was the third time Mr. Tarloff was put on trial for the crime. In 2010, Mr. Tarloff was declared unfit to proceed to trial during jury selection.…
Should New York Revamp The Discovery Statute- Part 2
So those are the arguments made by defense attorneys and prosecutors on this topic. Then there’s the argument made by the journalist and the non-lawyer. That “open-file” discovery will force prosecutors to turn over exculpatory information to the defense, which will lead to fewer false…
Congress Mulls Major Prison Sentence Reform
The United States has as a population of approximately 300 million people. The world is comprised of approximately 6 billion people. That means that if you’re a human on planet earth, there is a 5% chance that you are an American. However, if you are…
Thoughts on Stop and Frisk- Part 2
In 1968, the U.S. Supreme Court gave us the answer to this very question in a case called “Terry v. Ohio.” The facts in “Terry” are similar to the ones listed in the previous post. In that case, the police ultimately detained the individuals whom…
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