Category Archives: Criminal Defense
Court Finds Mindset & Intention Irrelevant In Wildlife Crimes
On June 21, a federal court found the Justice Department’s longstanding policy of deciding under what circumstances it would prosecute individuals who killed animals protected under the Endangered Species Act to be outside the range of prosecutorial authority. At issue in the case was a policy known as the “McKittrick Policy,” originally stemming from… Read More »
What Is a Mistrial, and How Does It Relate To Double Jeopardy?
Many of us have tuned into Bill Cosby’s trial this last month, which recently ended in a hung jury (mistrial). Specifically, the jury deliberated for 52 hours before a mistrial was declared because they were deadlocked. Cosby is currently free on bail, but also appears to be awaiting a retrial of the criminal case,… Read More »
Is The United States Now Regularly Arresting Asylum Seekers?
On June 13th, The New York Times highlighted one human rights victim’s plight seeking asylum in the United States, only to be immediately placed in handcuffs and prepared for deportation. Marco Coello was tortured by Venezuelan security services for joining a demonstration against the government, after which he fled to the United States seeking… Read More »
New York City Council Declares Certain Minor Offenses Will No Longer Draw Criminal Summons
Historically, public urination in New York resulted in a criminal summons. However, the New York City Council recently decided that such activity should draw a civil ticket rather than involve prosecuting people. In doing so, the council also downgraded similar activities, such as public drunkenness, instead mandating that offenders attend an administrative hearing versus… Read More »
Video Captures New Jersey Police Breaking Protocol In Pursuing Suspect
A police incident on June 4th involving a night pursuit that lasted for six miles and ended in serious injuries for an innocent man had Mayor Steve Fulop accusing some members of the police force of technically breaking protocol during the pursuit on June 8th. The department now faces intense criticism over video footage… Read More »
Prosecution of Teen Could Broaden Concept of Murder
The recent trial of Michelle Carter has garnered a lot of national attention: the teen is on trial for manslaughter after allegedly sending her boyfriend text messages encouraging him to commit suicide. Carter’s boyfriend, Conrad Roy III, took his own life on July 12, 2014. According to media sources, Roy had long battled both… Read More »
While Street Stops Are On the Decline in New York, Racial Profiling Is Still a Huge Problem
A new statistical analysis conducted by a federal monitor has revealed that street stops by New York City police officers—a form of search and seizure under the Fourth Amendment—have been on the decline since 2011. However, racial disparity (profiling) when it comes to these stops still appears to be an issue. The analysis was… Read More »
Murder Charges for Bronx Police Sergeant May Highlight New Prosecution Trend
By now, most New York citizens have heard about the New York City police sergeant (Hugh Barry) who fatally shot an older, mentally ill woman (Deborah Danner) in her Bronx apartment last October. Following his arrest and months of investigation into the incident, on May 31st, Barry was charged with murder in connection with… Read More »
Creato Murder Trial Draws Attention in New Jersey This Week
By now, many people in New Jersey have heard of David Creato Jr., the father accused of killing his three-year-old son, and whose murder trial is now taking place in Camden, New Jersey. Creato’s son’s body was found in October 2015 in a nearby creek. Creato has been accused of murdering the child allegedly… Read More »
Criminalizing Citizens for Both Deportation & Civil Disobedience
It’s no secret that many people in America are scared are of being deported right at this moment—most of them even though they’ve done nothing at all—others for petty crimes that they paid their dues for long ago. While the Obama administration’s guidelines for the Immigration and Customs Enforcement (ICE) agency specified that terrorists… Read More »