The Collateral Consequences Calculator is a legal website designed to aid judges, attorneys, and legal academics in their research of collateral consequences of criminal charges. It is currently being developed as a joint project between students in the Lawyering in the Digital Age Clinic at Columbia Law School and the Columbia Center for New Media Teaching and Learning. [1] The content is overseen by legal experts in the covered areas.
Judith Kaye, former Chief Judge of the State of New York, initiated the Partners in Justice Colloquium in 2005 to bring together judges, legal practitioners, and law professors to improve collaboration between the different legal spheres concerning social justice issues. The focus of this initial conference was to gain a better understanding of collateral consequences of criminal charges. [2] One of the results was the development of the "Four C's" website, which provides a collection of resources in each of the substantive areas where collateral consequences may occur. Due to the success of this site, development began on the Collateral Consequences Calculator, a "groundbreaking initiative" that will provide a convenient, easy-to-use overview of collateral consequences associated with specific sections of New York State Penal Law. [3] It became publicly available on in May, 2010. [4]
The Calculator currently provides information in two important areas: immigration and public housing eligibility in New York City. The immigration consequences have been determined for the top 51 crimes that are either commonly charged or have commonly misunderstood immigration consequences. [5] The housing consequences have been determined for the entire New York penal code, but apply only to New York City public housing.
A misdemeanor is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions and regulatory offences. Typically, misdemeanors are punished with prison time of no longer than one year, monetary fines, or community service.
In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed.
New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes more than 50 full-time and over 100 adjunct professors. Notable faculty members include Penelope Andrews and Lenni Benson, founder of the Safe Passage Project.
Judith Ann Kaye was an American lawyer, jurist and the longtime Chief Judge of the New York Court of Appeals, serving in that position from March 23, 1993, until December 31, 2008.
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.
Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11.
The Law Enforcement Action Partnership (LEAP), formerly Law Enforcement Against Prohibition, is a U.S.-based nonprofit organization group of current and former police, judges, prosecutors, and other criminal justice professionals who use their expertise to advance drug policy and criminal justice solutions that enhance public safety. The organization is modeled after Vietnam Veterans Against the War. As of April 2017, they have more than 180 representatives around the world who speak on behalf of over 5,000 law enforcement members and 100,000 supporters.
Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction.
The New York State Judicial Institute is located about 25 miles (40 km) north of New York City in White Plains, NY. Spearheaded by New York State Chief Judge Judith S. Kaye and Chief Administrative Judge Jonathan Lippman, the institute was created through a unique partnership between the New York State Courts and Pace University School of Law. The New York State Judicial Institute serves as a statewide center for the education, training, and research and analysis facility for all judges, justices, legal staff and employees of the New York State Unified Court System; It is the nation's first training and research facility for judges built by and for a state court system. The Honorable Kathie E. Davidson serves as the dean of the institute. To ensure that Unified Court System Judges remain current on developments in the law, the institute focuses its programs on emerging trends and cutting-edge issues, fosters an atmosphere to assist judges, and provides a framework for promoting a constructive dialogue between the judiciary, practicing bar, and the public.
In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.
The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.
The Laotian legal system is not determined by a democratic parliament or by legal precedent, but by the arbitrary rule of Laos's single party. The main source of law is legislation. There are two types of legislation: legislation of general application and legislation of specific application.
The Center for Justice Innovation, formerly the Center for Court Innovation, is an American non-profit organization headquartered in New York, founded in 1996, with a stated goal of creating a more effective and human justice system by offering aid to victims, reducing crime and improving public trust in justice.
Specialized domestic violence courts are designed to improve victim safety and enhance defendant accountability. There is no one set definition of a specialized violence court, although these types of courts can be either civil or criminal and typically hear the majority of an area's domestic violence cases on a separate calendar. Additionally, these courts are typically led by specially assigned judges who can make more informed and consistent decisions based on their expertise and experience with the unique legal and personal issues in domestic violence cases.
Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010), is a case in which the United States Supreme Court decided that criminal defense attorneys must advise noncitizen clients about the deportation risks of a guilty plea. The case extended the Supreme Court's prior decisions on criminal defendants' Sixth Amendment right to counsel to immigration consequences.
Ann Pfau is an American jurist and former Chief Administrative Judge of the State of New York.
The New York County Lawyers Association (NYCLA) is a bar association located in New York City.
Problem-solving courts (PSC) address the underlying problems that contribute to criminal behavior and are a current trend in the legal system of the United States. In 1989, a judge in Miami began to take a hands-on approach to drug addicts, ordering them into treatment, rather than perpetuating the revolving door of court and prison. The result was creation of drug court, a diversion program. That same concept began to be applied to difficult situations where legal, social and human problems mesh. There were over 2,800 problem-solving courts in 2008, intended to provide a method of resolving the problem in order to reduce recidivism.
Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. In general, once sealed or expunged, all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
Bail in the United States refers to the practice of releasing suspects from custody before their hearing, on payment of bail, which is money or pledge of property to the court which may be refunded if suspects return to court for their trial. Bail practices in the United States vary from state to state.