When jurors don’t hear all the testimony
Judiciary Law § 510 provides that to be qualified as a juror a person must: (1) be a citizen of the United States, and a resident of the county, (2) be not less than eighteen years of age, (3) not have been convicted of a felony, and (4) be able to understand and communicate in the English language. Under this section, a hearing impaired juror may sit, but only if he or she “is...
read moreAnd speaking of guns . . . How much is the gun industry worth?
Check out the “The Business of Guns, recently published by Minute MBA at: http://www.onlinemba.com/blog/business-of-guns. This short but informative video illustrates the financial might of the gun industry in the United States. So much for a “well regulated” militia. Thanks to Minute MBA for passing this...
read moreShotspotter – Now you see it, now you don’t
By Jill PapernoSecond Assistant Monroe County Public Defender The NSA is not the only organization that monitors the day to day activities of citizens. But you already knew that. One piece of technology that has sprouted up in our own backyard – the city of Rochester – in the last couple of years is called “Shotspotter.” The company that created this device refers to it as a “gunshot detection system.” The Shotspotter technology uses...
read moreLimits to Police Deception in Interrogation
Deception is an accepted part of police interrogation techniques. This year, two Appellate Divisions have reached opposite conclusions, with arguably conflicting rationales, likely to be taken up by the Court of Appeals. They are a reminder that two matters are critical when dealing with police deception during interrogation. The first is the risk that the defendant will be coerced into making a false confession, the second is that he will be coerced into making...
read moreEED Charge Required Where Defendant “Snapped” and Inflicted 50+ wounds
In People v McKenzie (#133 decided 6/26/12) the Court held that, in determining whether to charge Extreme Emotional Disturbance in a homicide trial, “the relevant inquiry was whether the evidence, viewed most favorably to defendant, presented a triable question, we believe that the issue of the reasonableness of defendant’s explanation should have been put to the jury.” I believe that, while this language is not the precise formulation I was hoping for when I...
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