Criminal Law Notes
Substantive criminal law = what is a crime
The procedure of this is criminal procedure (4th, 5th and 6th amendments)
Overview of the Criminal Justice “System”
Out of this system we get the criminal law.
There are five functions within the criminal justice system and how though that process we get to the criminal law.
It’s a track of two (2) competing systems. They work basically parallel, with little connection to each other. And the components of the system allow the process to move forward.
Approximately 700,000 sworn police &c., and in NY there are 70,000 (38k in NYC). Suffolk Co. and Nassau Co. have approximately 25-28k each. The vast numbers of police departments in NY have less than 20 people. Suffolk is only the five (5) western towns.
Federal agencies include FBI, DEA, ATF, CBP, SEC and ICE. IN this state there are approximately 2,800 federal prosecutors.
62 Counties in NY, and there are 62 District Attorneys. Each office has approximately 2,200 Asst. District.
There are 92 U.S. Attorneys. In NY there are approximately 400 Asst. U.S. Attorneys.
The primary interaction is the state not the federal authorities.
We’ve only discussed two of the five…
1. Police
2. Prosecutors
3. Defense Counsel
4. Judge
5. Department of Corrections
It’s a parallel system and it basically. 95% of all criminal cases are plea bargained, and only about 1-2% are tried.
In NY there is no rebuttal; closing is simply defense then prosecution. NY has little statutory e
d each year in Albany, with about 70 criminal laws passed.
Any case punishable by more than six (6) months potential incarceration the defendant has a right to a jury trial. The presumption is that, unless the defendant waives it, all criminal cases are tried to juries.
Felonies = 12 jurors
Misdemeanors=6 in this state.
NYCPL 270.05 you need all twelve (12) to get a verdict.
NY has never permitted a verdict on less than 12 people’s unanimous
Gajanher – involved an 11 person jury. Defendant waived right to substitute and proceed to verdict. He was 38 Ad2d 127.
Challenge per cause, and preemptory.
People v. Weinberg 83 Ny2d 262
Defendant wanted to argue there’s nothing to keep them from finding the defendant not-guilty based on their “mercy dispensing” power. THE JURY HAS NO MERCY DISPENSING POWER, that resides only with the Judge.
Grand Jury (MAY) decided whether to indict based on reasonable cause. A petit jury (MUST) (trial jury) has greater power… it’s got to be beyond a reasonable doubt.
Capital cases are the only type of proceedings where the jury is involved in sentencing.
Why punish?
Retribution
Deterrence
Rehabilitation
Retributive, and Utilitarian are the two overarching reasons.
Penal law section 1.05 Purpose =to ensure the public safety to ….deterrence, rehabilitation and confinement.
