On August 24, 1977, a woman reported to the police that she had been raped that morning. One month after the reported rape, the District Attorney applied to the court to compel the accused to participate in a line up in connection with the investigation of the August 1977 rape.…
Articles Posted in New York
Defendant Contends Incriminating Evidence From Prior Conviction Should Not be Included
On August 24, 1977, a woman reported to the police that she had been raped that morning. One month after the reported rape, the District Attorney applied to the court to compel the accused to participate in a line up in connection with the investigation of the August 1977 rape.…
Court Discusses Rape Shield Law
A female college student from Columbia University surfed the net looking for other Columbia students with whom she can chat. She began an online conversation through email with the accused who was also a student from Columbia University. The accused shared his interests in the occult and the bizarre. He…
Court Decides if Rape Trauma Syndrome Applies
The Facts: Defendant is charged with two counts of grand larceny in the third degree arising out of a homosexual incident between the complainant and defendant. The People allege that the incident was consensual in nature and that defendant thereafter extorted money from the complainant by threatening to expose him…
Court Discusses Possible 5th Amendment Violation
Decisions to protect the public from a person who is violently mentally ill can create many fundamental issues of law and civil rights. This legal quandary has been a puzzlement for Americans since our country began. Freedom to live our lives without the fear of the Federal Government removing our…
Defendant Seeks to Change His Sex Offender Status
In New York, a system of using an offender’s previous crimes to predict his recidivism rates is used. This system classifies sex offenders into degrees. A New York Criminal Lawyer said that certain offenses will cause the offender to be classified as a higher risk to the public if they…
Potential Juror Misconduct Reviewed In Sex Crimes Case
It is difficult to understand the immensity of the responsibility that serving on a jury can be for some people. In this age of electronic information obtainable on the internet and even on a person’s telephone, it can be a daunting task for a juror to follow the instructions provided…
Court Discusses Sex Offender Registration Act
On January 21, 1996, the Sex Offender Registration Act was created by the legislative body of the New York State legal system. It provided that each offender who commits a sexually related offense, must be registered with the state as a sex offender. A New York Criminal Lawyer said the…
Error Occurs in Collection of Evidence
Often, questions arise in the court system that involve how to handle mistakes that happen in the justice system. Among these mistakes can be the mishandling of evidence. A New York Criminal Lawyer said that while losing evidence can be a devastating blow to a prosecution’s case, it is even…
Defendant Charged with Sexual Abuse of Minor
In January 20, 2002, a woman was living in with her fiancé who was then thirty-nine years old. The woman’s mother and 13 year old sister came over to visit them and they stayed in the same house that the woman shared with her fiancé. A New York Criminal Lawyer…