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January 2019 Archives

Founder of drug company accused of bribery

According to prosecutors, the founder of a drug company that sold powerful drugs gave cash to doctors in exchange for prescriptions. As a result, use of fentanyl spiked, causing addiction and even death for many users. While this is just one component of the current opioid epidemic in New York and throughout the country, federal prosecutors believe that it's important to stamp down on the problem wherever they can.

Judge rules that cops can't force peopel to unlock their phones

In a historic decision that might just signal how the law is catching up with modern technology, a California judge ruled that the government does not have the right to force individuals to open their phones using their biometrics. Citizens of New York will be glad to know that not only does this ruling go one more step towards protecting the privacy of every American, but it also flies in the face of numerous other rulings that preceded it.

Do New York misdemeanor charges add to inequality?

Although the term "misdemeanor" applies to minor offenses, these charges play a considerable role in the U.S. criminal justice system. According to one expert, misdemeanor allegations and the sentences that often come with them only worsen the inequalities in American society.

Wrongful convictions remain a serious concern

A wrongful criminal conviction may be the worst nightmare for many defendants in New York. Still, innocent people are convicted on a regular basis. In fact, one study estimates that 6 percent of cases may end with wrongful convictions. Some of these miscarriages of justice have come to light in recent years due to advancements in DNA technology. New access to evidence has enabled people convicted of serious crimes like rape and murder to show that it was scientifically impossible for them to have committed the offenses for which they were imprisoned.

Child pornography laws in New York

People accused of crimes related to child pornography may face New York state charges as well as federal charges. Under the New York Penal Code, Article 263 defines offenses involving the sexual performance of a child. These crimes include production, distribution, promotion and knowing possession of child pornography. Child pornography does not involve any form of nudity of a child; the material prohibited by this law involves actual or simulated sexual conduct by a child younger than 16. The law applies to children under 17 if the person is accused of authorizing or inducing the child to create the pornographic material. It also applies to children under 17 if the person is accused of producing, directing or promoting the pornography.

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