Posted on 11/27/2018 8:23:51 PM PST by caww
New York State's highest court has ruled that immigrants are entitled to a jury trial, even when they're accused of misdemeanor crimes that carry sentences of six months or less. The court ruled that the penalty of deportation was severe enough to warrant a jury trial.
The case was brought by the Center for Appellate Litigation in New York. The Bronx Defenders filed a friend of the court brief; it represented the defendant in his original case, and in his immigration proceedings.
in his dissent, Judge Michael Garcia wrote that this ruling would open the door "to further litigation, in both state and federal courts, over exactly which collateral consequences may make an otherwise 'petty' offense 'serious.'
"It is doubtful that importing federal immigration law into the penalty analysis was something the Supreme Court intended when it made the Sixth Amendment right to trial by jury for 'serious' offenses applicable to the states."
He said the Supreme Court has the ultimate authority to settle this issue and should.
The Legal Aid Society called it a "landmark case" that will provide clients a meaningful opportunity to fight against criminal charges that could lead to deportation.
(Excerpt) Read more at wnyc.org ...
BULLSHT
“a jury of their peers” would imply citizenship.
NOPE go back home, crooked crooks.
>>Overwhelm the system. It’s the Alinsky way.
play the waiting game, kick the can, reschedule court appearances, all on the public dollar with a taxpayer funded liberal lawyer
>>Why isn’t he deported regardless of how serious the crime is? He’s an illegal alien - kick his butt out.
Too many places do this.
Cut bait and release. Only citizens do the time for doing crime while illegals are not subject to prosecution. I’ve seen cops look the other way if they suspect a “drunk” driver is from south of the border. A lot of red tape and little money for the state so they don’t even bother.
THAT is a civil rights abuse of US citizens who are the only ones held accountable to the law.
And the Meskins you deport will be back in a matter of days.
“New York State’s highest court has ruled that immigrants are entitled to a jury trial, even when they’re accused of misdemeanor crimes that carry sentences of six months or less. The court ruled that the penalty of deportation was severe enough to warrant a jury trial”
Stuck on stupid.
Another step on the way to American suicide.
Deportation is not a penalty for commiting a crime.
Deportation is a consequence for being a criminal.
That’s for sure.....NY turning into California.
There should be a way for minor offenses to be determined without going whole hog on state resources. Minor offenses should be determined at a more community level, with community level punishments being meted out.
In a lot of small villages in NY, non-criminal offenses (traffic tickets, code violations, etc) and misdemeanors are handled in village courts, and in some places police officers even prosecute their own traffic summonses. My wife’s uncle is actually judge in a village court in upstate NY and he’s not even an attorney.
Are you saying that the entire World falls under coverage of The U.S. Constitution ?
They are INVADERS and/or COMBATANTS (depending on the Individual, don’t tell Me there are no Terrorscum in that horde) not migrants, illegals, visitors or tourists.
They DAMNNED SURE are NOT U.S. Citizens.
Even though they are not US citizens, anyone on US soil is treated lawfully by laws afforded by the constitution. This is the reason PDJT is keeping them on Mexican soil and not allowing them in.
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