Posted on 11/28/2018 11:05:47 AM PST by Oldeconomybuyer
NEW YORK - New York States 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 ...
This can be fixed easily by Congress...............
It’s a good thing we don’t have obama judges or Trump judges, right?
Protected fraudulently documented foreigners from our laws is what much of our governments at all levels are doing.
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.
Horsebleep
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?
Lemme guess, with a jury of their illegal peers?
I don’t think you can ask for a jury trial for a misdemeanor.
No it cant. If the court is right then its enshrined in the constitution so youd need to change the constitution. Thats 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.
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.
The Constitution gives the Congress sole authority on all matters of immigration, not the President and certainly not the courts..................
I’d like to see where they are referencing that cause I don’t see it.
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.
“the penalty of deportation”
Deportation is not a penalty, and has been so ruled by the Federal courts.
Does that mean they have to find 12 illegals so the jury can be comprised of the offender’s peers?
Yes but the jury trial is a constitutional right. So if it applies then Congress cant end it.
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.
Yup. Sad.
200k Jury trials?
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