For years, legal professionals have used forensic science to prosecute criminals who have committed violent crimes. Sadly, the science used to prove suspects’ guilt has also been used to incriminate innocent people. Many cases are built around the results obtained from certain forensic testing methods of evidence found at the crime scene. The problem lies in the fact that some testing methods have not been scientifically validated to yield accurate or reliable results. These tests include the following:
The Sixth Amendment of the U.S. Constitution entitles you to a speedy and public trial for any criminal charges you face. New York statutes of limitations are partly inspired by this idea.
If you have never heard of the fruit of the poisonous tree doctrine, but find yourself facing criminal charges in New York, you should educate yourself about this important legal doctrine that could play an important part in the defense you and your attorney mount.
New York is being hailed as a progressive leader in justice system reform with the recent signing of the Domestic Violence Survivors Justice Act. According to MEAWW, the law considers the abuse history of someone who is accused of committing a crime against their abuser. It allows judges to consider the history of abuse to provide more lenient sentences to the accused.
The perception amongst many in New York is that violent crimes are limited to those that involve actual physical confrontations between individuals. In reality, a violent crime can be one where no action was taken, yet great fear and intimidation was inferred. You are probably familiar with the age-old saying of "sticks and stones may break my bones, but words will never hurt me." In the eyes of the law, that statement is most definitely untrue.
If you are facing criminal charges related to violent crime in New York, the judge and jury will take not only the facts of your case into consideration but also your state of mind as you allegedly performed the acts resulting in the charges. Intentional actions to harm someone else can result in more serious penalties, so the prosecution will be attempting to prove that you had a motive for allegedly acting in a way that could cause harm to one or more others. At the same time, you and your attorney will likely try to cast doubt upon the intent behind your actions. According to FindLaw, the legal term for one's state of mind while allegedly committing a crime is mens rea, which translates from Latin to "guilty mind."
In many court trials across the United States, eyewitnesses are used to identify potential perpetrators of a crime. Suspects and fillers are made to stand in a lineup, while the eyewitness makes a physical identification. The problem lies in the fact that errors in the lineup identification process can lead to wrongful convictions and innocent people may be sent to prison for a crime they did not commit. According to the Innocence Project, 346 people were exonerated of their crimes after DNA evidence proved their innocence. Approximately 70 percent of those cases involved eyewitness identification and listed it as a contributing factor to the conviction error.
When parents in New York begin to see the changes in their children as they become teenagers, they often face intense emotions and decisions about how to protect and teach their kids without smothering them. Developing a balance and feeling confident in their children's ability to make responsible decisions can be supported a great deal by early intervention and consistent education throughout their child's younger years.
Many people believe that all prisoners are guilty of committing a crime and deserve to be locked behind bars. They may be surprised to learn that not all people serving time are guilty, and that a number of prisoners are instead innocent of committing a crime at all. Flaws in the United States judicial system have led to the wrongful conviction and incarceration of hundreds of people, and there may be hundreds more that remain behind bars waiting to be set free.
If you allegedly steal something in New York, you could face criminal theft, robbery or burglary charges depending on what law enforcement officials allege you did and the way in which you allegedly did it. While all three of these white collar theft crimes are similar in nature, FindLaw explains that each one is a distinct separate crime.