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Thread: New York City Legal System

  1. #1

    Default New York City Legal System

    for criminals? in your opinion, is it lenient or strict?

  2. #2
    Disgruntled Optimist lofter1's Avatar
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    For many white collar criminals: They never get busted. In fact, they rule the roost.

  3. #3
    Senior Member Bob's Avatar
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    Default Flawed and Un-American as Hell

    ...for starters, when you get a traffic ticket in New York City or other large cities in New York State, you are not allowed a trial by jury, nor are you allowed to be heard by a judge. Instead, you get a "star chamber," of sorts, which is up to 3 "magistrates" who are under specific performance expectation to find "x" number of people guilty. There is no justice. The State of New York simply wants your money, and you are guilty until proven guilty. Turns my stomach.
    Last edited by Bob; October 9th, 2009 at 07:52 PM. Reason: corrected a typo

  4. #4

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    ^
    If you have a traffic violation and fall into the classification of criminal, you have bigger issues than speeding.

  5. #5

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    It's funny. Here in Brazil (São Paulo) if you get a ticket for speeding you have no judges, no jury, no trial, no one to hear what you have to say. You simply pay and that's it. If you want to complain you have to address a letter to the Traffic Engineering Company and wait some months for the reply.

    As for the justice system, we have no jury except for murder cases. Everything is written. And for the initial plaintiff's complaint to go to the DESK of the judge it takes sometimes 6-9 months. LOL!

    You guys got a pretty fast justice system!

  6. #6
    European Import KenNYC's Avatar
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    This question is so absurd and vague to the point of being ridiculous. The legal system in NYC is just like in the rest of the state, and within the Federal jurisdiction like it is in all of America.

    You can get lucky or unlucky, just like in the legal system of any jurisdiction or country, generally speaking New York is moderately liberal legally speaking, fairly pro-business (not surprisingly, being the financial capital of the world, for now) and very efficient. New York courts are also fairly responsive to changes in public opinion.

  7. #7

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    Quote Originally Posted by KenNYC View Post
    This question is so absurd and vague to the point of being ridiculous. The legal system in NYC is just like in the rest of the state, and within the Federal jurisdiction like it is in all of America.

    You can get lucky or unlucky, just like in the legal system of any jurisdiction or country, generally speaking New York is moderately liberal legally speaking, fairly pro-business (not surprisingly, being the financial capital of the world, for now) and very efficient. New York courts are also fairly responsive to changes in public opinion.
    what I noticed is, NYC sentencing laws seem alot harsher than my current state

  8. #8
    European Import KenNYC's Avatar
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    You're not from Texas then

  9. #9

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    Quote Originally Posted by tvbdude View Post
    what I noticed is, NYC sentencing laws seem alot harsher than my current state
    Sentencing for what? Across the board?

    Give us some examples.

  10. #10

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    Quote Originally Posted by ZippyTheChimp View Post
    Sentencing for what? Across the board?

    Give us some examples.
    well, like illegal gun posession for example. I think the mandatory time in ny is what 3 1/2 yrs?
    while in my state, the mandatory time is 1 1/2 yrs.

  11. #11

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    New York has probably the strictest gun possession laws of any state. But mandatory sentencing is a myth. In effect, the 2006 law removed the distinction between illegally carrying a firearm and doing so with criminal intent. But there is usually plea-bargaining in sentencing.

    The Plaxico Burress case was reduced from a C to a D felony, resulting in a 20 month sentence. His situation was complicated by the fact that the firearm was discharged.

    Is gun possession sentencing strictly mandatory in Massachusetts?


    Note: Back to your original question, the law and legal system are two different things.

  12. #12

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    Quote Originally Posted by ZippyTheChimp View Post
    Is gun possession sentencing strictly mandatory in Massachusetts?


    Note: Back to your original question, the law and legal system are two different things.
    If you're convicted of illegal gun posession, there is mandatory time. no probation, no suspended sentences, just straight jail time. Although it can probably be reduced to carrying a dangerous weapon charge(knives/batons). I've never heard of that before though.

    ok, what I'm trying to ask is the criminal legal system and if they give long sentences. I asked this question here before. Some people said it's non lenient and some say it is. How about burglary cases? How long do they usually get?

  13. #13
    NYC Aficionado from Oz Merry's Avatar
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    From the intro to the article on the NYT NY/Region page:

    At the Traffic Violations Bureau for Brooklyn North, a machine that prints money for the state, all of reality is a contraption.

    Incredible that court time is spent on this sort of thing, too.



    Judge, I’m Telling You, the Car Was Grandma’s

    By JIM DWYER

    Traffic court.

    To get to the one on Atlantic Avenue in Brooklyn, you go to a big mall that all the subways on Earth run to, take the escalator up to the second floor and walk in one end of the Target, then out the other. There you are: the Traffic Violations Bureau for Brooklyn North.

    Here, all of reality is a contraption: My grandmother didn’t open the mail with the hearing date; the broken windshield was on my father’s car, but we sold it that week; I was in the hospital when I was supposed to come here; and, of course, the millimeter-by-millimeter accounts of fleeting events at some stop sign near Livonia Avenue six months ago, in the blazing summertime.

    A guy named Joe discovered on Friday morning that his license had been suspended. Back in the early autumn, he was stopped while driving his brother’s car, which had Florida plates. He couldn’t find the insurance papers. He got a ticket. A few days later, he tracked down a copy of the insurance card and mailed it in with the ticket.

    “It turns out that you can’t take care of an insurance ticket by mail,” he said. He was sent a notice to show up for a trial, and he promptly kicked it out of sight in hopes that it would go away.

    “I tried to rent a car this morning and found out my license was suspended,” Joe said. “I’m going to Philadelphia today to buy an engagement ring.”

    The administrative judge, Paul Shur, sat back.

    “Why don’t you give the business to a New York State jeweler?” the judge asked.

    “The jeweler there is a family friend, and I know that I’ll get what I’m paying for,” Joe said.

    “If she really goes for you, then the size of the ring doesn’t matter,” Judge Shur said.

    His court clerk, a young woman, made a face and shook her head.

    The judge told Joe he could put up a $40 bond to get his license reinstated immediately, then come back for a hearing in March. Joe dashed out, stopping long enough to explain that, no, it would not serve the cause of romance to have his last name published in the newspaper since he was not proposing to the fiancée until March because someone else — another member of her family — had to get engaged first.

    “I know I’m going to get fleeced on the ring,” he said. “But at least I know that it’ll be a quality fleecing.”

    He had to be telling the truth.

    A man came in and said he was going to Africa for three months and needed a postponement, whispering under his breath that his father had died.

    “People generally don’t make up stories about parents or relatives dying,” the judge said later. “It’s tempting fate.”

    When there are trials in traffic court, they rarely last more than five minutes. The police officers generally read from prepared statements that recite the legal elements of a violation — “a clearly marked stopped sign with no obstructions, the subject vehicle did not come to a full and complete stop” — and make no pretense of being able to remember anything.

    A few drivers brought lawyers, to little effect, it seemed.

    “Officer, so when you say the car was gold, you are not being accurate?” asked one lawyer.

    The ticket was issued last summer. The cop had written down that the car was a gold Toyota, whereas the vehicle registration plainly stated that it was gray.

    “It looked gold to me,” the officer muttered.

    “Do you have an independent recollection of these events?” the lawyer demanded.

    “No,” the officer said.

    “Move to dismiss.”

    “Motion denied.”

    A MOMENT later, Judge Shur found the driver guilty. In trials that amounted to storytelling contests between officers and drivers — she was holding a cellphone; no, it was in my bag — the police seemed to prevail nearly all the time.

    On paper, the fine for most offenses is $50. In reality, it is $130, because the State Legislature has built a ladder of “surcharges” that started at $10 in the early 1980s and now amounts to $80.

    The judge called one last name before lunch.

    “Ms. Bullock.”

    A woman limped wearily to the front.

    “Any relation to Sandra?” the judge asked.

    “I wish,” she said.

    It turned out that there had been a clerical error on the ticket — “some of these cops should have been doctors, the way they write,” Judge Shur said — and that Ms. Bullock’s license was in order.

    “Is it all right with you if I dismiss the ticket for unlicensed driving?” he asked.

    “It’s very all right,” Ms. Bullock said.

    http://www.nytimes.com/2010/01/31/ny...l?ref=nyregion

  14. #14
    Forum Veteran MidtownGuy's Avatar
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    how is the legal system here? Like the Scythian philosopher Anacharsis said,

    "Written laws are like spider's webs; they will catch, it is true, the weak and the poor, but would be torn in pieces by the rich and powerful."

    People who can afford a good lawyer have it much better. Otherwise you are screwed.

  15. #15
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    Quote Originally Posted by MidtownGuy View Post

    People who can afford a good lawyer have it much better. Otherwise you are screwed.
    Not breaking the law is quite helpful

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