Author Archives: Jay Butchko
Some Police Departments Are Using Rapid DNA Technology to Quickly Solve Rape Cases, But Is It Reliable?
New techniques that allow for “Rapid DNA” testing and claim to offer law enforcement a means of quickly and efficiently testing DNA samples in criminal cases has drawn fire from some criminal defense advocates and crime lab officials, who are concerned about the reliability of police departments using such techniques, especially before they have… Read More »
If You Were Arrested by The NYPD for A Minor Offense in The Subway, It Could Be Due to Discrimination
On December 6, the New York Times covered an important expose on racial profiling committed by the New York Police Department (NYPD) in targeting arrestees for minor offenses, such as jumping turnstiles. According to the sworn statements by six officers, they were told to go after “blacks and Latinos” and that they were “stopping… Read More »
New York City Weapons Restrictions On Trial at U.S. Supreme Court
New York’s laws on weapon possession will soon be on trial before the U.S. Supreme Court, and the decision could expand Second Amendment rights – and therefore weapons charges – around the country, as well as related regulations covering background checks and weapon confiscations from individuals deemed to be “dangerous” by the court. The… Read More »
New York Legislators Propose Mandating Body Cameras for Police: How This Could Affect Criminal Cases
A current proposal to outfit New York police officers with body cameras and instructing state troopers as to when they should record their on-duty interactions could significantly affect criminal cases here in New York, especially when it comes to evidence that was collected in violation of an individual’s constitutional rights being barred from court…. Read More »
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 »
