False Arrest Or False Imprisonment

Wrongful arrests and criminal convictions represent the dark side of the U.S. justice system. But a recent move by Manhattan’s top attorney takes one bold step toward addressing this injustice. Last week, Manhattan District Attorney Alvin Bragg threw out more than 300 criminal convictions tied to NYPD police officers found guilty of crimes. The nine officers involved were convicted of several on-the-job offenses such as taking bribes, lying under oath, illegal gun sales and planting drugs on suspects – they’re no longer on the force following their convictions. In total, the DA disavowed 308...

A New York man who spent 24 years behind bars for a crime he did not commit walked out of a Putnam County courtroom a free man on Feb. 27 after a jury returned a not guilty verdict after just a few hours of deliberation. The man’s fate was left in the hands of a jury because the Putnam County District Attorney’s Office insisted on a retrial when the man’s 1997 conviction was overturned. Reluctant witness The man was convicted of abducting, raping and murdering a 12-year-old girl in 1994. Police found no physical evidence linking the man to the crime at the scene, but they found a reluctant...

When you're arrested for a crime, you're presumed innocent until proven guilty. But sometimes, the justice system doesn't work properly. Innocent people can be convicted, and it happens more often than you might think. There are a number of reasons why wrongful convictions occur. Eyewitness mistakes Usually, when someone is convicted of a crime, it's because there's eyewitness testimony against them. But eyewitnesses can be wrong. Unfortunately, human memory is often fallible, and people can misidentify a suspect, especially if they're under stress or if the perpetrator is of a different...

In the 1990s, the courts sentenced a man to 25-years-to-life for a murder he didn't commit. The legal system denied his ten post-conviction notices. After 21 years of his sentence, the board paroled him in 2014, and the courts exonerated him in 2015. He wants to fight to protect people who plead guilty in New York, New York. The reason for the new act False arrest or false imprisonment is more common in prison than people think. Many people plead guilty to crimes they didn't commit because prosecutors offer a deal that appeals to them. The innocent people may have no evidence in their case...

If you have ever been falsely arrested by an officer of the law, then you know that it can be a humiliating experience. However, you have civil rights guaranteed by law, so you may be able to sue the arresting officer for a false arrest. How do you sue for a false arrest? In order to prove that an officer violated your civil rights, you must show that the officer acted with malice or reckless indifference to your civil rights. Malice means that the officer knowingly and intentionally violated your civil rights. Reckless indifference is a legal term meaning, in this case, that the arresting...

A 23-year-long nightmare for a wrongly convicted New York man is over. With no DNA evidence, video footage, confession, phone records or fingerprints, the man was charged with murder on the basis of eyewitness testimony. For more than two decades, he sat in a prison cell for a crime he did not commit. He maintained his innocence through all those years, and after a thorough re-investigation, the Richmond County District Attorney's office agreed. Details of the original case On April 5, 1996, a young man was gunned down at the Stapleton N.Y.C.H.A Housing Complex in Staten Island where he...

If you live in New York, you may have even more reason to wear your face mask these days. Despite growing concerns over the untrustworthiness of the technology and outcry over its misuse, law enforcement agencies continue to use facial recognition software to identify and track those suspected of committing crimes. Unfortunately, the flaws in the technology too often lead to mistakes, wrongful arrests and violations of civil rights. Many cities in other states have banned the use of facial recognition, and others have placed restrictions of various levels on its use by law enforcement. In...

New Yorkers who are alleged to have committed crimes and are placed under arrest might be under the impression that the justice system will work in their favor with fairness. If they did not do what they are accused of, it is easy to think that they will be cleared of the charges and can move on with their lives. Unfortunately, that is not the case for a troubling number of people. Those who have been wrongfully convicted of a crime and punished for it should be aware of their rights to seek compensation. Recent review shows how a spate of wrongful convictions happened Recently, the Brooklyn...