Saturday, January 1, 2011

Procedure law criminal State of New York

On the rights of the Constitution of the United States had a profound influence the Declaration on the law of criminal proceedings in the State of New York. Under the fourteenth amendment made in the fourth, guaranteed right fifth, sixth and eighth amendment to the Constitution in the States applicable. In addition, the Government of New York adopted specific laws between its extension, to supplement and explain incorporated in the Constitution. Research and SeizureUnder of the fourth amendment to the Constitution of the United States and article 1 paragraph 12 of the Constitution of New York, every citizen has the right to be free of search or seizure (arrest) by the Government. Right of criminal, the New York emphasis on this fundamental right police question probably require, that a crime was committed or to start must be a search and call an arrest warrant the police first, shall on the basis of probably only one stop just citizen.Miranda and even IncriminationUnder of the fifth amendment to the Constitution of the United States cause, all citizens are guaranteed law to incriminate. This right is in New York on the Symposium "Miranda" alerts implemented the defendant was arrested, in this situation must be informed, among other things, his right to remain silent. If clearly said that he wished to remain silent, must put an end to police, to the interrogation of the defendant on the details of the case it was the sixth amendment, have the law of criminal procedure are the United States and New York AttorneyUnder arrested.Right each defendant the right advice to present at each critical stage of criminal proceedings the first arrest as free and the trial version. If the PosiDeur can't afford counsel on your own, keep the Gesetz allows and a dish to represent an attorney client no expense.Right shall forward to the seventh amendment to the Constitution of the United States, and article 1, section 2 of the Constitution of New York, trial by JuryUnder appoint any person a crime accused, that can result in prison has the right to require a trial "a jury of his peers." This right is absolute, unless the defendant knowingly and voluntarily decided to leave this right.Right for fast TrialUnder article 30 New York rules of criminal procedure which has State begin some time to load a case against the defendant or it that loses ability. In addition, once a case begins, the policy requires that it be resolved (the trial version, the manner or dismissal), within or in fact the Court dismissed the case.

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