Monthly Archives: November 2019
New York City & Staten Island Defendants Soon to Be Released Under Bail Reform
The criminal justice reforms that will go into effect as of January 1 here in New York are significant: As a result, not only will close to 90 percent of people arrested in the city be released without bail while their cases are pending, but perhaps most importantly, prosecutors will be required to turn… Read More »
Congress Announces Vote to Decriminalize Marijuana at The Federal Level
Regardless of steps that states like New York take to decriminalize the sale and possession of marijuana, as long as marijuana remains classified as a Schedule I drug under the Controlled Substances Act, individuals can always be prosecuted for federal drug crimes. However, that could soon change: In November, it was announced that a… Read More »
Criminal Justice Reform Coming To New York: Part II
In Part I of our segment on criminal justice reforms headed to New York starting in January, we discussed some of the changes to both what is required in terms of what the DA has to turn over to defense and the timing of turning over this crucial information. Below, we discuss what is… Read More »
Criminal Justice Reform Coming To New York: Part I
A number of criminal justice reforms going into effect in New York starting in January are expected to completely transform criminal trials here in New York, and will not only apply to new cases in moving forward, but all cases pending as of January 1, 2020 as well. As a result, not only will… Read More »
Breathalyzer Tests – Though Often Inaccurate – Are Still Placing Drivers in Prison
The New York Times recently ran an important investigatory article on alcohol breath tests, and just how precarious and unreliable they are. Still, in our criminal justice system, they are the devices that will ultimately determine whether someone goes to prison for a DUI. Although these devices are marketed as precise, they generate alarmingly… Read More »
Private DNA Testing Company Applies for Forensic Identity Permit In New York, Raising Alarm
Transparency and accountability are ongoing issues when it comes to forensic evidence that is used to convict defendants. Now, one out of state company, Parabon, has put forth a proposal to test DNA in New York cases that could lead to very little oversight here in New York, potentially resulting in wrongful convictions and… Read More »
Attorney Mark I. Cohen addressed the American Bar Association Criminal Justice Section Council In DC on November 10th, 2019
I addressed the American Bar Association Criminal Justice Section Council at their meeting in DC on November 10th, 2019 in support of my effort to have Congress change 18 USC 3143 (See article on page one of my website). My proposal passed unanimously and has been made into a resolution to be presented to… Read More »
House Passes Bill to Make Animal Cruelty a Federal Crime Everywhere
In late October, the House of Representatives passed the Preventing Animal Cruelty and Torture Act, making animal cruelty a federal offense. While there have long been state laws against animal cruelty, previously, federal law only covered certain issues, such as animal fighting and the distribution of crush videos. However, the new law makes a… Read More »
Is The Coming ‘Crackdown On Violent Crime’ Just A Witch Hunt Against Immigrants?
In late October, Attorney General William Barr announced that there would be a new initiative to fight violent crime. According to the announcement, the initiative is geared towards targeting gangs and drug traffickers in high crime cities and dangerous areas. The administration has also announced that one of the purposes of the initiative will… Read More »