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The Expanding Right To Counsel In New York, Debra M. Zverins
The Expanding Right To Counsel In New York, Debra M. Zverins
Fordham Urban Law Journal
A series of recent New York Court of Appeals decisions have upheld the right of a criminal suspect to have the assistance of an attorney at every stage of legal proceedings against him. This approach is considered by some to be problematic, imposing onerous burdens on police which impede effective law enforcement. This Note discusses the criminal defendant's pre-trial right to counsel in New York. Section II outlines the historical development of this fundamental right. Judicial expansions of the pre-trial right to counsel, including the People v. Bartolomeo decision, are analyzed in Section III with a view toward their effect …
Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand
Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand
Fordham Urban Law Journal
The National Crime Information Center (NCIC) is the most comprehensive computerized system for storing criminal justice information. It is managed by the FBI, but is used at the federal, state, and local level as an investigative tool. The use of computerized criminal information has raised questions in cases where an arrest was made relying on computer information which later proved to have been inaccurate. This Note discusses the fourth amendment implications of arrest based on inaccurate computer information and articulates the circumstances under which such an arrest should be upheld. NCIC safeguards are discussed and it is recommended that the …