When you think of the phrase “criminal enterprise,” certain images immediately pop in your head. Vito Corleone, Scarface, Joe Pesci. But NY courts have long expanded the term “criminal enterprise” to include any band of criminals working within “an ascertainable structure.” NY Penal Law §460.10(3) defines criminal enterprise as “a group of persons sharing a […]
Yesterday the US Supreme Court issued a ruling that severely weakened an important right contained in the Constitution. The Sixth Amendment contains The Confrontation Clause: “In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” While much of the Constitution is derived from English law this basic right […]
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 […]
Recently, a former law student of mine called me to ask my opinion for an article he was writing about anonymous juries. I told him that I was against them in general and that I thought in the long run, anonymous juries did more harm than good. He boiled down our half hour conversation to […]
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 […]
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 […]
Copyright 2009-2020 Oscar Michelen.