New York Civil Rights And Criminal Law Blog

Each criminal defendant has a legal right to win their case under the U.S. Constitution. The federal government has an obligation to release evidence in the defendant's favor under the Brady Rule. In New York, the use of evidence for both plaintiffs and defendants is fully protected in federal courts. The Brady Rule The Supreme Court case Brady v. Maryland recognized that every accused defendant has the Constitutional right to receive a fair trial. Prosecutors must disclose any and all evidence to the defense that is favorable to the defendant. This is called exculpatory evidence that favors...

A malicious prosecution is a form of legal abuse that is initiated by a member of law enforcement or a judicial system. It is committed with malicious intent by the plaintiff against the defendant. In New York, if there is no probable cause for the proceeding, the case becomes a tort and abuse of power. A violation of civil rights law Malicious prosecution is an intentional tort that involves illegally filing a lawsuit that has no probable cause. Before and after the case reaches court, it is often dismissed in favor of the defendant, which is the target of the wrongful prosecution. However,...

An advocate for constitutional and human conditions for inmates, the Prisoners’ Rights Project focuses on state prisons as well as New York City jails. Since its founding, the Project has built a record of consistent achievements relative to the treatment and conditions surrounding New York prisoners. About the Project Established in 1971, the Prisoners’ Rights Project works to ensure the safety and human rights of those incarcerated in New York jails and prisons. Some of the current problems the Project advocates address include discrimination issues, mistreatment of disabled and LGBT...

Police officers have an unfavorable reputation for planting drugs on suspects. Because of recent news coverage, there is great interest in the matter. According to USA Today, thousands of officers receive disciplinary strikes every decade. How many are guilty of planting drugs on those who are clean remains undetermined. Here is some information worth knowing if you face a false arrest for drug possession. What the consequences are of drug possession Penalties for carrying drugs vary depending on the state and surrounding circumstances. In New York, a Class A misdemeanor violation could...