Assault in New York Criminal Jurisdiction – Sample Paper

Assault in New York Criminal Code

Enclosed in the law of criminal justice is a strict code of ethical conduct for law enforcement agencies, the courts, and every other institution charged with the responsibility of protecting and serving the public. In the chosen state – New York – violent assault is viewed both criminally and socially. In criminal consideration, the perpetrators of such crimes must be held accountable; socially, the law seeks to prevent recurrence of such crimes for the benefit of the society(Amar &Lettow, 1995).As explained in New York state law, the fundamental role of criminal justice is to help fight crime by way of reducing the predisposition of people to commit crime and lessening the number and level of crime within reasonable means (Solomon, 1984). Reducinga person’s predisposition to commit criminal offenses is only possible through the comprehensiveof what triggers crime(Wood, 2009).

Suspected Offenders’ Legal Entitlement

Fifth Amendment rights

Under the auspices of the US Constitution, suspected offenders have certain rights and entitlements. For instance, the Fifth Amendment seeks to protect US citizens from the abuse of government power. It requires that all felonies and criminal offenses “be tried upon indictment by a grand jury” (Congressional Research Service, 1982). This amendment unequivocally states that the arresting officer must notify the suspect of their rights to have legal representation present during the questioning. Pursuant to this right, confessions are not admissible in the state of New York unless there is probable cause to show that the defendant was notified of these rights as stipulated under the Fifth Amendment by the questioning officer. New York laws requires the prosecution to further show that the suspect understood this clearly before waiving Miranda is it so happened (Maier, 2010). New York enforces the Fifth Amendment to protect anyone arrested for committing a felony from self-incrimination. Suspects have the right to plead this right while put in such a position.

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