The state constitutional renaissance belies any ideas that state courts have too little regard for rights and some noted criminal justice rules, for example the Miranda doctrine, are not even rooted in constitutional law. Due process has no place for rights not demanded by the Bill of Rights and thus the Supreme Court should selectively disincorporate and excise from the Constitution the procedures inessential to protect fundamental rights. Disincorporation is a compromise both liberals and conservatives should accept.
ARLINGTON, Va., Nov. 18, 2010 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, announced today the publication of Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation by Peter D. Hardy. This treatise provides practitioners with expert analysis of the law and procedures relating to federal criminal cases handled by the IRS and DOJ, addressing the pragmatic and strategic challenges at every stage of litigation. (Logo: http://photos.prnewswire.com/prnh/20090529/DC24463LOGO)
The generally accepted meaning of the term "offer of proof" is to summarize the substance or content of the evidence. People v Williams, 81 NY2d 303, 313 (1993). The term is found in two sections of the Criminal Procedure Law, 290.10(3) (trial order of dismissal) and 60.42(5) (rape shield law). The offer is made outside the jury's presence. In essence, the propounding party states to the court what the witness would have said in response to questioning, and what that response would prove. See People v Williams, 81 NY2d 303 (1993).
Commentary In a controversial change to a longstanding policy concerning the practice of female circumcision in some African and Asian cultures, the American Academy of Pediatrics is suggesting that American doctors be given permission to perform a ceremonial pinprick or "nick" on girls from these cultures if it would keep their families from sending them overseas for the full circumcision. The academy's committee on bioethics, in a policy statement last week, said some pediatricians had suggested that current federal law, which "makes criminal any nonmedicai procedure performed on the genitals" of a girl in the United States, has had the unintended consequence of driving some families to take their daughters to other countries to undergo mutilation.
The People may file a new information that alleges additional facts or charges offenses that were not included in a previously filed information but stem from the same criminal transaction. This was the finding of New York State's highest court in People v. Victor Thomas. The defendant moved to dismiss a second set of informations on the grounds CPL 100.50 barred the prosecution from bringing a harassment charge because it was not listed in the original information.
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