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New York top court: Jury trials needed when deportation a risk
Reuters ^ | November 27, 2018 | by Jonathan Stempel

Posted on 11/28/2018 11:05:47 AM PST by Oldeconomybuyer

NEW YORK - New York State’s highest court said on Tuesday that the U.S. Constitution guarantees jury trials to noncitizens charged with crimes that could subject them to deportation, in a divided ruling that prompted a call for the Supreme Court to weigh in.

The Court of Appeals rejected an argument by Bronx county prosecutors that deportation is merely a civil consequence of criminal convictions, and the Sixth Amendment did not require jury trials for defendants charged with minor yet deportable crimes.

“It is now beyond cavil that the penalty of deportation is among the most extreme and that it may, in some circumstances, rival incarceration in its loss of liberty,” Judge Leslie Stein wrote for a 5-2 majority.

The decision coincided with moves by U.S. President Donald Trump to speed up deportations and tighten U.S. borders. His administration was not involved in the case.

Within New York, the decision means noncitizens will be entitled to jury trials even if their alleged deportable crimes carry maximum prison terms of six months or less.

(Excerpt) Read more at reuters.com ...


TOPICS: Constitution/Conservatism; Foreign Affairs; Government; News/Current Events
KEYWORDS: aliens; deportation; illegalaliens; invasion; roguejudiciary
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1 posted on 11/28/2018 11:05:47 AM PST by Oldeconomybuyer
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To: Oldeconomybuyer

This can be fixed easily by Congress...............


2 posted on 11/28/2018 11:07:34 AM PST by Red Badger (We are headed for a Civil War. It won't be nice like the last one....................)
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To: Oldeconomybuyer

It’s a good thing we don’t have obama judges or Trump judges, right?


3 posted on 11/28/2018 11:08:09 AM PST by shelterguy
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To: Oldeconomybuyer

Protected fraudulently documented foreigners from our laws is what much of our governments at all levels are doing.


4 posted on 11/28/2018 11:09:20 AM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: Oldeconomybuyer
It's all about whether the Constitution applies to only those illegally in the country, or to every one, even if prima facie they have no right to be here in the first place.

The only reason to ask for trial by jury is to further gum up the works, and provide such inertia that processing and eviction becomes ever more difficult.

5 posted on 11/28/2018 11:11:40 AM PST by Pearls Before Swine
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To: Oldeconomybuyer

Horsebleep


6 posted on 11/28/2018 11:13:24 AM PST by major-pelham
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To: Oldeconomybuyer

Presumably a defendant has a right to ask for a jury trial, right? So isn’t this moot? Wouldn’t someone facing deportation ask for one anyway?


7 posted on 11/28/2018 11:16:33 AM PST by Buckeye McFrog
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To: Oldeconomybuyer

Lemme guess, with a jury of their illegal peers?


8 posted on 11/28/2018 11:16:55 AM PST by bgill (CDC site, "We don't know. how people are infected with Ebola.")
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To: Buckeye McFrog

I don’t think you can ask for a jury trial for a misdemeanor.


9 posted on 11/28/2018 11:20:22 AM PST by shelterguy
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To: Red Badger

No it can’t. If the court is right then it’s enshrined in the constitution so you’d need to change the constitution. That’s probably why they ruled this way. So the could dictate immigration policy without any interference by the president or even Congress. But the S Ct will reverse this. There is no way the court would affirm this given the disunity we already have as a result of immigration.


10 posted on 11/28/2018 11:22:13 AM PST by Brilliant
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To: Oldeconomybuyer

If someone is not a citizen, all they need to do it provide documents or leave.

There’s not guilty/or innocent verdict. It’s simply a recognition of a fact.

Citizen / not a citizen

As for a trial, this should never see a courtroom.

This person can either provide documents or they can’t.

Deport them if they can’t.


11 posted on 11/28/2018 11:23:58 AM PST by DoughtyOne (01/26/18 DJIA 30 stocks $26,616.71 48.794% > open 11/07/16 $215.71 frm 50% increase in 1.2183 yrs)
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To: Brilliant

The Constitution gives the Congress sole authority on all matters of immigration, not the President and certainly not the courts..................


12 posted on 11/28/2018 11:25:08 AM PST by Red Badger (We are headed for a Civil War. It won't be nice like the last one....................)
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To: Oldeconomybuyer

I’d like to see where they are referencing that cause I don’t see it.


13 posted on 11/28/2018 11:29:05 AM PST by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith......)
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To: DoughtyOne
This case wasn't about immigration status. It was brought by radical leftist progressive lawyers to force jury trials (slow the process down) for illegal aliens charged with minor crimes, but if convicted, could be deported.

Not a bad legal strategy if you hate America. They are trying to extend 6th Amendment rights to criminal illegal aliens - not to ensure a fair trial - but to muck up the courts and slow the deportation process.

14 posted on 11/28/2018 12:03:44 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Oldeconomybuyer

“the penalty of deportation”

Deportation is not a penalty, and has been so ruled by the Federal courts.


15 posted on 11/28/2018 12:06:39 PM PST by Regulator
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To: Oldeconomybuyer

Does that mean they have to find 12 illegals so the jury can be comprised of the offender’s peers?


16 posted on 11/28/2018 12:06:47 PM PST by HIDEK6 ( God bless Donald Trump.)
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To: Red Badger

Yes but the jury trial is a constitutional right. So if it applies then Congress can’t end it.


17 posted on 11/28/2018 12:10:03 PM PST by Brilliant
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To: Oldeconomybuyer

I agree, and you’ll never get 12 people who think these people should leave.

There will always be one who is a lily-liver backstabber of the U. S.


18 posted on 11/28/2018 12:14:45 PM PST by DoughtyOne (01/26/18 DJIA 30 stocks $26,616.71 48.794% > open 11/07/16 $215.71 frm 50% increase in 1.2183 yrs)
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To: DoughtyOne

Yup. Sad.


19 posted on 11/28/2018 12:24:14 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Oldeconomybuyer

200k Jury trials?


20 posted on 11/28/2018 12:26:42 PM PST by Zathras
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