Category: Criminal Law

Increasing the Scope of Legal Responsibility: Can Words Kill?

Increasing the Scope of Legal Responsibility: Can Words Kill?

Written by: Emily Keable In a rare legal ruling, a Massachusetts judge found Michelle Carter, 20, guilty of involuntary manslaughter. Carter was accused of encouraging her boyfriend, Conrad Roy, to commit suicide. Unlike many...

U.S. Supreme Court Limits Police Officer Liability

U.S. Supreme Court Limits Police Officer Liability

–by Kim Newton Sources: White v. Pauly, 137 S. Ct. 548 (2017); U.S. Const. amend. IV Abstract: On January 9, 2017 the Supreme Court unanimously held that an officer’s failure to shout a warning...

New York Court of Appeals Holds That Skin Color Is a Cognizable Class Under Batson Analysis

New York Court of Appeals Holds That Skin Color Is a Cognizable Class Under Batson Analysis

–by Robert Carpenter Citation: People v. Bridgeforth, 2016 N.Y. Lexis 3859 (Dec. 22, 2016) (internal citations omitted). Abstract: In a matter of first impression, the New York Court of Appeals held that skin color...

Fourth Amendment Further Whittled Away by Utah v. Strieff

Fourth Amendment Further Whittled Away by Utah v. Strieff

–by Jordan Charnetsky Source: Utah v. Strieff, 136 S. Ct. 2056 (2016); Brown v. Illinois, 422 U.S. 590 (1975). Abstract: On June 20, 2016, the United States Supreme Court ruled that evidence obtained after...

Arkansas Prosecutor and Amazon at War Over Release of Device’s Data Recordings; Consumer Privacy Rights in Question

Arkansas Prosecutor and Amazon at War Over Release of Device’s Data Recordings; Consumer Privacy Rights in Question

–by Samantha Pallini Sources: http://www.cnbc.com/2016/03/29/apple-vs-fbi-all-you-need-to-know.html; http://www.nbcnews.com/news/other/government-can-grab-cell-phone-location-records-without-warrant-appeals-f6C10803204; http://www.cnn.com/2016/12/28/tech/amazon-echo-alexa-bentonville-arkansas-murder-case-trnd/; http://fox40.com/2016/12/28/amazon-echo-may-be-the-key-to-solving-a-murder-case/; https://epic.org/privacy/internet/ftc/EPIC-Letter-FTC-AG-Always-On.pdf Abstract: An Arkansas prosecutor believes that a murder suspect’s Amazon Echo data recordings could be used as evidence in the case. However, Amazon continues to refuse to comply with requests...

Survey: 2015 Criminal Law

Survey: 2015 Criminal Law

Survey of New York Criminal Law for 2014–2015. View Full PDF David E. Zukher is an attorney admitted to practice law in New York and North Carolina. Mr. Zukher is the Managing Partner of Weisberg...

New York Court of Appeals Holds Denial of Coordination Test Due to Language Barrier Not a Violation of Equal Protection and Due Process Rights

New York Court of Appeals Holds Denial of Coordination Test Due to Language Barrier Not a Violation of Equal Protection and Due Process Rights

–by Sofia Rezvani Citation: People v. Aviles, 2016 N.Y. LEXIS 3573 (Nov. 22, 2016). Abstract: The NYPD does not administer coordination tests when a language barrier prevents an officer from communicating the test instructions to...

Bill Introduced to Prevent Sex Offenders from Playing Virtual Reality Games

Bill Introduced to Prevent Sex Offenders from Playing Virtual Reality Games

—by Will Kilgore Sources: S.B. 8174, 238th S. Sess., 2015–2016 Reg. Sess. (N.Y. 2016); N.Y. Penal Law § 65.10 (McKinney 2016). Abstract: New York Senator Jeffrey Klein introduced Senate Bill 8174 to prohibit sex...