Recent Blog Posts
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 »
The U.S. Supreme Court Will Revisit Constitutionality of Life Without the Possibility of Parole for Juveniles
The issue of juveniles serving life sentences without the possibility of parole has been a long-standing concern for civil rights advocates. Even though the U.S. Supreme Court has already ruled that imposing this type of sentencing on young criminal defendants is unconstitutional, and that juveniles already in prison for life without parole should be… Read More »
New York Closing Rikers Island: What’s Next for Those Convicted In New York?
Rikers has been called the prison (or rather, 10 city jails, to be exact) that “doesn’t leave you.” Rather, it is “everywhere, in some shape or form.” Reportedly, 90 percent of the inmates there are black or Hispanic, and many are there as a reaction to something in their life and more as a… Read More »
How Petit Larceny & Crimes of Poverty Are Treated In New York
The City recently did an important piece on crimes of poverty in New York. The most common crime of poverty here is shoplifting; i.e. people stealing food or other items typically valued at less than $1,000 (higher than $1,000 is usually considered grand larceny)–usually in order to eat or otherwise get by. Tens of… Read More »
Federal Government Experiences Setbacks in Anti-Immigration Policies Here In New York, But Can the Courts Keep Up with The Administration?
Federal courts in New York have recently blocked a number of the current administration’s attempts at circumventing immigration laws from going into effect. Specifically, they most recently blocked the policy that would have cracked down on immigrants who rely on benefit programs, such as Medicare; finding that too many procedural corners were cut and… Read More »
US Supreme Court to Decide Whether States Can Eliminate Insanity Defense
There are several ‘blockbuster’ criminal cases before the U.S. Supreme Court in October; cases that will significantly determine the rights of criminal defendants during trial. One of those cases—Kahler v. Kansas—involves the question of whether a state can abolish the insanity defense, or whether this violates the eighth and/or 14th amendments to the U.S…. Read More »
