“It is simply a fact that virtual parts slow down the pace of arraignments, including but not limited to technical issues.”The hearing was conducted via Skype and the judge was referring to the courts currently using remote hearings to deal with legal cases.Legally, the upshot of Burke’s ruling is that the NYPD has been given the go-ahead to indefinitely detain both criminal looters and peaceful protestors who violate New York City’s recently established curfew.Some, however, worried out loud about a potential slippery slope.“People keep saying habeas corpus has been suspended in NYC for protesters but nope it has been suspended for everyone,” activist and podcast host The prospect of indefinite detention committed by American authorities is typically viewed as both a constitutional violation and an egregious affront to prized American liberty interests.“The very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive,” Criminal defense lawyers were not buying those arguments.“They have no excuse for not processing them,” Legal Aid attorney “The police department has a history…of deliberately delaying people’s arraignments because they don’t like what they’re doing on the street,” Legal Aid’s “The NYPD has no excuses with its 38,000 police officers and the best technology in the world, with all the money they are being given,” Bodden “We are disappointed with the judge’s ruling, which is wrong on the law and contrary to the protections afforded by “Lastly, while proclaiming not to be vindictive towards New Yorkers protesting police brutality, the NYPD faulted its own incompetence to distract from its duty to ensure that people are swiftly arraigned and brought before a judge,” the statement continued. “For this reason, we have had to take extreme measures in order to maintain the order.”She explained that the whole police department is working 12-hour shifts with no days off.And while cops have been making many arrests they are opting to issue summonses and desk appearance tickets wherever possible rather than holding people for arraignments, Gilbert said.Gilbert also acknowledged that there are delays since the courts now hold arraignments virtually, which comes with technological and logistical problems.But, Gilbert denied Bodden’s assertion that the defendants weren’t being given masks — and said they have drinking water dispensers and a sink with soap and water for hand washing. “This is suspension of habeas corpus, it is unconstitutional, and it is deeply disturbing that both NYPD is seeking it and a judge rubber stamped it.”The writ of habeas corpus is a 900-year-old legal protection afforded to citizens against authoritarian impulses of law enforcement and executives which allows an advocate to argue that someone is being illegally confined, detained or imprisoned. [contact-form to=’author@nypost.com’ subject=’NYPost.com Feedback’][contact-field label=’Name’ type=’name’ required=’1’/][contact-field label=’Email’ type=’email’ required=’1’/][contact-field label=’Comment’ type=’textarea’ required=’1’/][/contact-form]A Manhattan judge has denied the release of protesters, whose arraignments are overdue, as the city is experiencing “a crisis within a crisis” The Legal Aid Society filed a petition Tuesday seeking the release of all defendants who had been arrested and were awaiting arraignment longer than 24 hours, since legally arraignments must take place within this time frame barring necessary delays.During a hearing held by video Thursday, Legal Aid’s Marlen Bodden asked a judge to immediately release hundreds of protesters arrested as the city takes to the streets “The NYPD is responsible for holding 400 New Yorkers, mainly protesters, who were arrested for opposing police brutality … That is their right,” Bodden said.
People who have been arrested for NYPD Assistant Deputy Commissioner of Equity & Inclusion Janine Gilbert told the judge that cops are doing the best they can to process all of the new arrests quickly but acknowledged social distancing is a challenge as holding facilities have become flooded with defendants.“At times, the streets have been chaos and downright scary,” Gilbert said. It is generally considered the bedrock of the American and British legal systems.“There is a crisis within a crisis,” Burke said before denying the request. Thanks for contacting us. Would you like to receive desktop browser notifications about breaking news and other major stories? He is also an acting justice for the First District of the New York Supreme Court, a position to which he was appointed in 2011. “Motivations aside, the NYPD is fully responsible for the hundreds of New Yorkers who are currently languishing in cages, deprived of their due process rights and at an increased risk of contracting COVID-19.”Civil liberties focused non-profit and public interest law firm the “The privilege of a writ or order of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it.” -Article I, Section 4 of the NY constitutionWhile Ocasio-Cortez’s statement in opposition to the extraordinary lifting of constitutional protections brought national attention to Burke’s decision, many New Yorkers are distressed about the impact of the ruling. James M. Burke is a judge for the New York City Criminal Court of New York County, New York.He was appointed to this position in 2001 and was reappointed in December of 2002 and again in 2013. Sorry, your blog cannot share posts by email. from St. Joseph’s College (Philadelphia, Pennsylvania) in 1971 and earned his J.D.from the University of Wyoming College of Law in 1977. They objected to comments Burke made when he asked Weinstein if he was willing to got to jail “for life” if he keptignoring a …


“All writs are denied, Brooklyn, Bronx and Manhattan.”The judge later elaborated, saying there is “a civil unrest crisis within the overarching COVID-19 crisis.”“To that end, the entire police department has been deployed and the entire Manhattan DA’s office is, quote, all hands on deck and working to relieve the problems which we are currently addressing,” Burke continued.


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