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Nov
26thMiranda? Maybe Not.
On a recent episode of “Cops,” a bare-chested, shoe-less fool complained that the officers hadn’t read him his Miranda rights. The officers were asking him about a fight that had just taken place. The shoe-less wonder wasn’t a suspect, so Miranda wasn’t necessary. The common right of inquiry allows law enforcement agents to question civilians—Miranda warnings are not required. Answers provided during such inquiries are legal and valid at trial. Miranda only applies to suspects in custody. If you are skulking about the neighborhood, an officer has the right to stop and question you. Custody is defined as the legal physical control of a person or object. Police custody occurs when a person is detained by law enforcement and not permitted to leave on his/her own accord. Once a person is taken into custody, police officers must be careful to read the Miranda warnings before beginning any interrogation. The shoe-less wonder eventually got his wish. After throwing a fit and lunging at the officers, he was arrested….and Mirandized.
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Aug
22ndGrand Jury
We rarely see the grand jury on Law & Order, possibly because the proceedings aren’t usually very dramatic (or, more likely, because a half-hour is barely enough time to hold a courtroom trial to begin with). In the rare instance that a grand jury is depicted on the show, the ADA reigns supreme. This is the case in real life. Grand Jury proceedings are secret, and the defendant isn’t even present unless he’s testifying—which he must do if called to the stand (unlike a trial). The defendant isn’t represented by a lawyer during grand jury proceedings and can’t call witnesses. Grand juries send the vast majority of defendants to trial. (New York State judge Sol Wachtler famously once said that a grand jury would “indict a ham sandwich.”) For these reasons, the system is subjected to an enormous amount of criticism, and numerous jurisdictions have done away with it, opting instead for hearings before a judge. New York City, however, still uses grand juries. ©True Stories of Law & Order
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Feb
27thHand it over, JackJack McCoy has a habit of playing fast and loose with the rules. He also isn’t very fond of disclosure. Back when old Jack was Executive ADA his assistants often had to convince him to disclose favorable evidence to the defense. The lovely ladies weren’t soft-hearted; they were being pragmatic—and practicing safe law. According to the model rules of professional conduct (and a little old ruling by the Supreme Court), “a prosecutor in a criminal case is duty-bound to make timely disclosure to the defense of all evidence known to the prosecutor that supports innocence or mitigates the offense.” In other words, if Jack has evidence that supports Jill’s contention of innocence, he is required by law to hand it over to her defense attorney.
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Feb
22ndReasonable DoubtWhat’s reasonable when it comes to doubt? Beyond a reasonable doubt is often described as “to moral certainty.” Some legal analysts approximate the numerical value of reasonable doubt to be a 95 percent certainty, while others assess it as a 98 or 99 percent certainty. The prosecution has the burden of proving—by means other than a defendant’s confession—that a crime has occurred and was committed by the defendant. The prosecution must also prove that defendant had the intent required for the act to be considered a crime. An act without criminal intent cannot be considered a crime. Additionally, a connection between the act and the intent must be established. A defendant cannot be convicted solely on the basis of his or her out-of-court confession.
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Feb
21stJuvenile JusticeTruffaut takes us to juvvy in his classic The 400 Blows In the past decade we’ve heard a lot about juvenile super predators—sociopathic kids that allegedly pose a danger to us all. Of course, there are kids who kill, but they are the exceptions. The reality is that most juvenile offenders commit non-violent misdemeanors such as vandalism, petty theft, and property damage. Most juveniles are tried in juvenile court. Juvenile courts are now part and parcel of our criminal justice system. But this was not always so. Before the 18th century, juveniles–some as young as seven years old—as were tried in adult criminal courts in the United States. Those juveniles found guilty were given adult sentences. It wasn’t until 1899 that the first court for juveniles was established. Based in Chicago, Illinois, this juvenile court was inspired by parens patriae—the doctrine that held that the state was responsible for the parenting of any child or individual in need of protection. Gradually, the rest of country followed Illinois’ lead; by 1945, all 50 states had adopted juvenile courts.
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Aug
1stReasonable DoubtWhat’s reasonable when it comes to doubt? Beyond a reasonable doubt is often described as “to moral certainty.” Some legal analysts approximate the numerical value of reasonable doubt to be a 95 percent certainty, while others assess it as a 98 or 99 percent certainty. The prosecution has the burden of proving—by means other than a defendant’s confession—that a crime has occurred and was committed by the defendant. The prosecution must also prove that defendant had the intent required for the act to be considered a crime. An act without criminal intent cannot be considered a crime. Additionally, a connection between the act and the intent must be established. A defendant cannot be convicted solely on the basis of his or her out-of-court confession.
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Jun
13thDeadly forceCompared most other cop shows, the detectives of Law & Order aren’t real gun slingers. They spend most of their time doing what detectives really do—canvas neighborhoods, interrogate suspects, and do office work. On occasion, they’ll have to draw their weapons. Police departments have strict regulations concerning the discharge of firearms, and would view the behavior of most TV cops as irresponsible, reckless, and oftentimes criminal. According to the NYPD Patrol Guide, “Police officers shall not discharge their firearms to subdue a fleeing felon who presents no threat of imminent death or serious physical injury to themselves or another person present.” Other guidelines forbid firing warning shots and shooting at a car, unless the perpetrator is basically shooting a gun out the window while he’s driving. In essence, it’s always better to let a perp run away than shoot him. ©True Stories of Law & Order
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May
27thTen Things You Need to Know About Sonia SotomayorOur charming people skills (and beer buying and blackmailing) have paid off once again with the addition of yet another special guest contributor: raconteur and Secret Lives of the Supreme Court author Robert Schnakenberg. BY ROBERT SCHNAKENBERG By now you know that President Obama has tapped Second Circuit U.S. Court of Appeals Judge Sonia Sotomayor to be his nominee to succeed David Souter as an associate justice on the U.S. Supreme Court. But just who is this Bronx native set to become only the third woman and the first Hispanic to serve on the high court? More importantly, what facts do we know about her that can be hastily assembled into an easily digestible top ten-style list? Glad I you asked that question… Yankee fan Sonia Sotomayor Ten Things You Need to Know About Sonia Sotomayor 1. Her astrological sign is Cancer. 2. Her father only had a third-grade education and her mother worked as a nurse in a methadone clinic. Expect to hear these facts cited ad nauseum as evidence of her “empathy” for the common person. 3. She suffers from juvenile diabetes and began giving herself insulin injections at age 8. 4. As a child, she aspired to be a “girl detective,” a la Nancy Drew. 5. She grew up just a few blocks from Yankee Stadium and is a longtime New York Yankees fan.
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