The document discusses grand juries in New York State's St. Lawrence County and Alaska. It provides details about the role and selection process of grand jurors in each location. In both states, a grand jury examines evidence presented by a prosecutor to determine if there is enough support to proceed to trial. They must vote on whether to indict or not. While the process is largely the same between the two areas, Alaska selects 18 jurors whereas St. Lawrence County chooses between 16 to 23. The document also notes some ethical concerns around damage to reputation and potential for discrimination.
The basics of the U.S. legal system, including types of law (constitutional, statutorial and administrative), types of offenses (criminal and civil) and an explanation of how the appeals process works.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
Assignment # 4After reading the following article, answer the q.docxjane3dyson92312
Assignment # 4:
After reading the following article, answer the questions at the end of the article.
State Civil Commitment for Sex Offenders
Sex offender registration is one of the post-sentence penalties that states impose on people convicted of certain sexual offenses. Twenty states (and the federal government) also have “sexual predator” laws. People convicted of a sub-set of sexual offenses may be labeled “sexually dangerous persons” or “sexual predators,” and may face another, perhaps greater additional penalty -- civil commitment.
What is “Civil Commitment?”
Civil commitment is a court order requiring that an individual be involuntarily confined to a mental institution. Individuals suffering from severe mental illness may be civilly committed for their own and others’ protection.
Under state sexual predator laws, a person convicted as a sexual predator may be involuntarily committed to a mental institution in addition to any prison sentence. Civil commitments are typically not for a specified period, and offenders who are committed are not released until a mental health examiner deems them to no longer present a danger to others.
What is a “Sexual Predator?”
Under state laws, crimes such as indecent exposure to a child, possession of child pornography, and statutory rape (Links to an external site.)Links to an external site. are considered sexually violent crimes. A person convicted of such crimes may be designated a sexual predator subject to civil commitment.
These laws are often quite broad. For example, a high school student was convicted of indecent exposure after he exposed himself to female classmates. Courts have convicted teenagers of statutory rape, even where both parties were teenagers and both consented. And, if a minor texts a nude picture of himself to an adult, the adult is in possession of child pornography regardless of whether the adult was aware of the sender’s age.
First Amendment and other challenges have been raised to civil commitment and other enhanced penalties for possession of child pornography. Those challenges and the Supreme Court response are covered in Computer Generated Images and Child Enticement (Links to an external site.)Links to an external site..
How is “Danger to Others” Determined?
In situations not involving a sex crime (for example, where a person begins acting erratically and is clearly delusional), a state can commit a person to a mental institution only upon a showing in court that the person is mentally ill. To commit a person convicted of a predatory sexual offense, however, the state need not make such a showing. A sex offender may be civilly committed based on a much lesser showing by the state.
The states that have sexual predator laws providing for civil commitment generally require a special hearing at which the state presents evidence of the offender’s “volitional impairment,” which means inability to control him/herself from engaging in similar illegal behavior in the future. How.
Selecting Your Jury For A Criminal Jury Trial in New YorkBarry Simon
Ony your New York Criminal defense attorney can provide you with specific advice and guidance with regard to your case; however, a better understanding of the jury selection process may be beneficial if you are contemplating a jury trial. Learn more about New York jury selection process in this presentation.
The basics of the U.S. legal system, including types of law (constitutional, statutorial and administrative), types of offenses (criminal and civil) and an explanation of how the appeals process works.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
Assignment # 4After reading the following article, answer the q.docxjane3dyson92312
Assignment # 4:
After reading the following article, answer the questions at the end of the article.
State Civil Commitment for Sex Offenders
Sex offender registration is one of the post-sentence penalties that states impose on people convicted of certain sexual offenses. Twenty states (and the federal government) also have “sexual predator” laws. People convicted of a sub-set of sexual offenses may be labeled “sexually dangerous persons” or “sexual predators,” and may face another, perhaps greater additional penalty -- civil commitment.
What is “Civil Commitment?”
Civil commitment is a court order requiring that an individual be involuntarily confined to a mental institution. Individuals suffering from severe mental illness may be civilly committed for their own and others’ protection.
Under state sexual predator laws, a person convicted as a sexual predator may be involuntarily committed to a mental institution in addition to any prison sentence. Civil commitments are typically not for a specified period, and offenders who are committed are not released until a mental health examiner deems them to no longer present a danger to others.
What is a “Sexual Predator?”
Under state laws, crimes such as indecent exposure to a child, possession of child pornography, and statutory rape (Links to an external site.)Links to an external site. are considered sexually violent crimes. A person convicted of such crimes may be designated a sexual predator subject to civil commitment.
These laws are often quite broad. For example, a high school student was convicted of indecent exposure after he exposed himself to female classmates. Courts have convicted teenagers of statutory rape, even where both parties were teenagers and both consented. And, if a minor texts a nude picture of himself to an adult, the adult is in possession of child pornography regardless of whether the adult was aware of the sender’s age.
First Amendment and other challenges have been raised to civil commitment and other enhanced penalties for possession of child pornography. Those challenges and the Supreme Court response are covered in Computer Generated Images and Child Enticement (Links to an external site.)Links to an external site..
How is “Danger to Others” Determined?
In situations not involving a sex crime (for example, where a person begins acting erratically and is clearly delusional), a state can commit a person to a mental institution only upon a showing in court that the person is mentally ill. To commit a person convicted of a predatory sexual offense, however, the state need not make such a showing. A sex offender may be civilly committed based on a much lesser showing by the state.
The states that have sexual predator laws providing for civil commitment generally require a special hearing at which the state presents evidence of the offender’s “volitional impairment,” which means inability to control him/herself from engaging in similar illegal behavior in the future. How.
Selecting Your Jury For A Criminal Jury Trial in New YorkBarry Simon
Ony your New York Criminal defense attorney can provide you with specific advice and guidance with regard to your case; however, a better understanding of the jury selection process may be beneficial if you are contemplating a jury trial. Learn more about New York jury selection process in this presentation.
1. Grand Jury
New York State St. Lawrence County and the State of Alaska have differences and
similarities in grand jury. Basically the definition of grand jury is a group of people usually
twelve members being selected and affirmed in to the court. However there is a difference in a
grand jury; these twelve members have to sit for a long time in federal court.
In New York State St. Lawrence County, the role of a grand jury is to examine evidence
from the crime scene given by the prosecutor and determine whether the evidence is being
strongly supported. For example if a man burglarized a jewelry store and left fingerprints on the
glass and left his gun on the counter. The evidence that would be shown to the grand jury would
be the fingerprint on the glass and the gun. Then the grand jury would vote if the evidence was
found to be accurate and could support that the person committed the crime.
Grand jurors are selected from a list of possible jurors. To be qualified on the list of the
possible jurors you will have to be qualified as a voter meaning anyone who is eighteen, a US
Citizen and registered to vote. If you pay taxes then you are qualified to be on the list of the
possible jurors and also if you obtain a drivers license. For New York State St. Lawrence County
between sixteen to twenty three jurors are chosen to sit on a grand jury during the proceedings.
Some of the ethical issues that show a major concern of the grand jury is the damage of
one’s reputation. In other words if the accused is being brought before a grand jury this can ruin
the person being accused reputation. Being brought before a grand jury could also taint the jury
pool if the case goes to trial. Another ethical issue is discrimination, in other words if the grand
jurors jump to conclusion that a black man should be found guilty without being shown any
evidence. This wouldn’t be fair to the black man if a white man did the same crime and the grand
jurors decided that the white man should not be found guilty.
In the State of Alaska the role of a grand jury is the same in New York State St Lawrence
County. But the only difference is that the state of Alaska chooses eighteen jurors to sit on a
grand jury during the proceedings. Some states requires lesser grand jurors such as Louisiana has
twelve jurors however in Louisiana nine out of the twelve jurors have to decide if the evidence
presented can determine if the person is found guilty or not guilty. The grand jurors then vote
“True Bill” or “No Bill”. Depending on the majority of the votes then that will be the decision. If
most of the grand jurors decides on “True Bill” then “True Bill” will be the decision.
The similarities between the State of Alaska and the State of New York are the role of a
grand jury. Basically every state has the same role of a grand jury. Another similarity is the
grand juries proceeding are private, since the grand jurors have to be sworn into secrecy.
In conclusion, the average number of grand jurors is sixteen to twenty three and the least
number of grand jurors is twelve. Basically the grand jury is given evidence that can lead them to
decide on whether there is enough evidence to proceed to trial. The grand jury will have to
answer “True Bill” or “No Bill”; true bill means that the evidence is sufficient to go to an
indictment and no bill means that the evidence is not sufficient and can’t go to an indictment.