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General

Sup.Ct: California Prisons Are “Cruel and Unusual” Punishment

Conditions in California’s overcrowded prisons are so bad that they violate the Eighth Amendment’s ban on cruel and unusual punishment, the Supreme Court ruled on Monday, in a 5-4 decision that was accompanied by a blistering dissent by Justice Scalia. The Court ordered the state to reduce its prison population by more than 30,000 inmates […]

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General Litigation

Appeals Panel Upholds Applying Social Host Law to 18 Year Olds

Nassau County passed the first-ever  Social Host Law in New York State.  The law prohibits anyone over the age of 18 from allowing alcohol consumption by anyone under 21 years of age on  premises that they own, rent or otherwise control.  Before the law came into effect in 2007, a person would only get arrested […]

Categories
Litigation

Improving Nassau County’s Arraignment Practices

Awhile ago I wrote an article for “The Attorney” Magazine about the inequities of the arraignment process in Nassau County.  The article resulted in the re-construction and re-alignment of the courtroom where arraignments are held with the moving of the District Attorney’s desk from the front of the courtroom at the right hand of the […]

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General Litigation

Edmond Oklahoma – Home of the World’s Stupidest Prosecution!

Edmond Oklahoma, a city of about 68,000, is known for being the site of the first post office massacre (1986); the home of the most-decorated American gymnast, Shannon Miller (1992 and 1996); and the site of Yankee legend Bobby Murcer’s burial place (2008). But from this date forward, it should be known as “Home of […]

Categories
General

Why Prosecutors Rarely Lose

Here’s a dirty little secret from the courtroom that will probably upset my friends in the criminal defense bar  – prosecutors rarely lose.  Area DA’s offices all boast conviction rates well above 90%. So why is it? It can’t be that they employ better lawyers, after all most of the assistant district attorneys are barely […]