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A NewYork law sealing certain criminal records took effect on Saturday, one year after NewYork Governor Kathy Hochul signed it into law. ” The law does not extend eligibility for sealing criminal records for felony convictions of sexual offenses and various violent offenses classified as Class A felonies. .”
The NewYork Court of Appeals ruled on Tuesday that the state legislature authorized the Commission on Forensic Sciences to create rules allowing police to search the state’s DNA database to identify family members of potential suspects. Chief Judge Rowan Wilson authored the majority opinion of the court.
A reasonable conclusion to draw from these textual features is that an affirmative act of government is required to restore what the government has taken away by its affirmative decision to prosecute and convict a person of a felony. This latest ruling is part of a wave of legislation and litigation surrounding felony disenfranchisement.
A federal judge Thursday sentenced Eduard Florea , a NewYork man who applied to join a far-right group known as the Proud Boys, to 33 months in prison after he threatened the life of US Senator-elect Raphael Warnock ahead of the January 6 Capitol Riot. The post NewYork man sentenced for threatening Sen.
The NewYork Civil Liberties Union (NYCLU) Thursday filed a class action lawsuit to challenge Section 510(3) of the NewYork Judiciary Law, which disqualifies people convicted of felonies from serving on juries, no matter the nature of the offense or how long ago the convictions occurred.
NewYork is moving to end a requirement that law school graduates report past arrests and police interactions short of convictions in order to become practicing attorneys, following a new report finding that excessive screening discourages people of color from applying to law school and the bar, reports Bloomberg News.
“Nebraska Supreme Court Upholds Voting Rights for Felons; Legislators voted to restore voting rights to more people convicted of felonies, but a dispute over that law’s constitutionality created pre-election confusion”: Mitch Smith of The NewYork Times has this report.
Officials at the NewYork state-run Metropolitan Transportation Authority (MTA), which oversees the subway, have announced plans to spend $2.2 State officials say subway crime on a per-rider basis is high and that certain offenses, such as felony assault, are increasing.
District Judge David Counts has ruled that a federal law barring people under felony indictment from purchasing guns is unconstitutional, reports the Washington Post. Counts argued that the law’s prohibitions clashed with the high court’s June decision in NewYork State Rifle & Pistol Association v.
“Appeals Court Overturns Mississippi’s Lifetime Ban on Voting for Former Felons; A federal appeals court said that barring people convicted of certain felonies from voting pointlessly denied them access to ‘the democratic core of American citizenship’”: Michael Wines of The NewYork Times has this report.
“Is Encouraging Unauthorized Immigration Free Speech or a Felony? ” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The NewYork Times. The post “Is Encouraging Unauthorized Immigration Free Speech or a Felony?
The California law makes it a felony to manufacture, distribute, import, keep for sale or lend assault weapons. Benitez found that Califonia’s “extreme policy” violates the Second Amendment because it does not pass the test used in the 2022 Supreme Court case NewYork Rifle & Pistol Assn.
Prosecutors said that Mosby also did not reveal her tax troubles in an agreement she had signed with a management company to rent out one of the vacation homes in order to obtain a lower interest rate on her mortgage.
NBCUniversal , the justices once again turned down, with a concurring opinion by Justice Clarence Thomas, a request to reconsider the court’s 1964 decision in NewYork Times v. Blankenship filed a defamation lawsuit in federal court, accusing news organizations and journalists who covered his Senate campaign of defamation.
“Supreme Court Limits Sweep of Law on Mandatory Minimum Sentences; Violent felonies committed recklessly do not count in deciding whether 15-year terms are required under the Armed Career Criminal Act, the justices ruled”: Adam Liptak of The NewYork Times has this report. ” Jordan S.
NewYork City’s commitment can also be seen in the major passage of bail reform bills from 2020 that aimed to reduce the use of pretrial detention. For the first time, NewYork City can paint a complete picture of its entire pretrial population,” VanNostrand writes. Looking at the Dashboard.
NewYork Gov. Meanwhile, in a recent news conference, upstate sheriffs and district attorneys called for a provision that would let judges consider a defendant’s dangerousness when determining if they should be released before trial. The initial bail reform plan was softened in 2020 in response to critics.
Foehner has been charged with seven felony counts under state law and one misdemeanor under NewYork City administrative law. His top charge is for felony possession of a weapon in the first degree , under a specific portion of NewYork State law addressing the possession of ten or more firearms.
Both before and after the reforms, less than 1 percent of those released were re-arrested for violent felonies, contradicting a number of headline-grabbing violent crimes in NewYork City that have given momentum to bail reform critics. In 2019, judges in NewYork City set bail in 24,657 cases.
The justice reform movement, particularly measures to eliminate cash bail, has put the safety of the NewYork City transit system at risk, argues Nicole Gelinas , a senior fellow at the Manhattan Institute for Policy Research. felonies fell by 15 percent?helped violent felonies per million rides, it was still 3.1
Meanwhile, NewYork City is poised to join three other cities in outlawing criminal background checks for residents seeking public housing. So-called “second chance laws” involving felony charges often take longer to clear than misdemeanors. The city would join New Jersey, Seattle and San Francisco.
NewYork State would allow judges to set bail for a greater number of offenses and make it easier to hold repeat offenders pending trial as part of a larger state budget agreement expected to be passed this week, reports the Wall Street Journal.
These include efforts at restorative justice and diversion, along with nonprosecution of minor crimes without additional felony charges like failing to pay traffic fines, turnstile-hopping on the subway, resisting arrest without an underlying charge, possessing marijuana and prostitution.
The researchers noted that even in states where reforms have registered some success–such as NewYork and California—reduction in community supervision populations has not substantially altered the implicit bias of a system that disproportionately affects poor people of color. NewYork City Considers Abolition.
Hodgkins, the first person to have pleaded guilty to a single felony count of obstruction of an official proceeding before Congress by storming the Capitol on Jan. Presiding Judge Randolph D.
A police officer in Aurora, Colorado, was charged with felony assault after using his gun to beat an unarmed man and choking him during an arrest that was captured by body cameras, reports the NewYork Times. Both officers turned themselves in and were bonded out of jail.
Police agencies can be corrupted from within by “a low work ethic and a curdled cynicism,” warns William Bratton, who served as chief of the Los Angeles and NewYork City police departments. Two percent were rearrested for a violent felony, though originally released state data inflated both numbers.
More than 60 crimes fall under the hate crime statute in NewYork, from simple menacing to possession of a biological weapon. The state data shows that the more serious felony arrests for hate crimes yielded felony convictions — whether as a hate crime or not — in 19 percent of the cases closed citywide between 2015 and 2020.
Public defenders in NewYork City have accused Mayor Eric Adams and the NYPD of improperly using sealed criminal court records to manipulate public perception of bail reform’s impact on repeat crime, Matt Katz reports for the Gothamist. At the center of the controversy?
NewYork resident and peace activist Martin Gugino on Monday filed a civil lawsuit against Buffalo, NewYork, police after being seriously injured by several officers this past summer. The post BLM protester injured by Buffalo police files civil lawsuit appeared first on JURIST - News - Legal News & Commentary.
West Hazleton, Pennsylvania Police Chief Brian Buglio has pleaded guilty to a federal civil rights violation after making threats in March 2020 to a private citizen, telling the person that he would pursue false felony charges in retaliation for several social media posts that were directed at him and the police, reports the NewYork Times.
Female correction officers report pervasive sexual harassment and assaults being while on the job at Rikers Island, with the Department of Correction union saying at least 24 employees have been victims of sexual assault by an inmate this year, reports CBS NewYork. It’s currently a class A misdemeanor.
Here’s the Monday morning read: Is Encouraging Unauthorized Immigration Free Speech or a Felony? Adam Liptak, The NewYork Times). To suggest a piece for us to consider, email us at roundup@scotusblog.com. The Supreme Court’s back door ( Katherine Long & Jack Newsham, Business Insider).
was arrested and charged with rape in March, reigniting a discussion throughout the state about how the justice system deals with so-called young offenders, reports the NewYork Times. Of those that do, only North Carolina, at age 6, has a lower minimum than NewYork.
Southern District Court in NewYork. Downey’s home was searched following a multiagency investigation into the alleged purchase of illegal gun parts, says Rockland County District Attorney Tom Walsh announced in a news release last week. A felony conviction would force Downey out of office.
While progressive prosecutor Larry Krasner handily won his bid for re-election in Philadelphia, voters in the conservative suburbs of Long Island elected tough-on-crime candidates who opposed NewYork State’s new bail reform law. The NewYork primaries were an early indication of voters’ go-slow mood towards reform.
cities experienced saw a shooting between 2011 and 2020, in contrast to the 1970s in NewYork, when about 30 percent of blocks experienced a violent felony. Unlike the 1970s, when much crime was inter-racial, NewYork crime is now highly demographically concentrated,” op ed asserts.
Prosecutors’ focus on punishment has been both “ineffective” and “counterproductive,” a webinar sponsored by the Institute for Innovation in Prosecution (IIP) at John Jay College of Criminal Justice in NewYork was told this week. “I can decide where to put my resources.
The ruling in Wooden v the United States sparked a debate over the specific language of the law and how it applies to multiple crimes committed all at once, reports the NewYork Times.
The NewYork City Department of Corrections (DOC) has announced plans to cut $17 million in funding for contracted community-based providers in favor of in-house services. The Fortune Society has been working in NewYork jails for over 50 years.
“‘Hot Pursuit’ Doesn’t Always Justify Entry, Supreme Court Rules; The mere flight of a person suspected of a minor crime, without more, does not allow police officers to enter homes without warrants, the court said”: Adam Liptak of The NewYork Times has this report. ” David G. .”
Crime in NewYork City’s 24-7 subway system, the nation’s largest in terms of ridership , is rising despite a post-pandemic increase in passengers. But a report released Wednesday by the Manhattan Institute found that the rate of felonies per million subway rides nearly doubled from 1.45 in 2019 to 2.71 in 2019 to 2.71
But a Buffalo News investigation found that that few people released without a judge setting bail are being rearrested for violent felonies. Of that 5,092 cases, only 120 people were rearrested on a violent felony charge while their original case against them remained open. . percent for a nonviolent felony charge, and 2.8
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