Newspaper article: Post-9/11 business disruption and recovery, September 2001

NYC 9/11 Public Portal Document — —O -- -• are raised cis to where the drugs ended tage of that principle by introducing evi­ noting tnat Uia enter uisunguuneu uctwcc A up or who used them. The prosecutor dence to show that a guilty verdict ulations to the status elements of a crime, which can be forced upon the prosecution, and stipula­ * argues that the testimony is relevant would be morally unreasonable. That tions to other elements of the crime, which the because it tends to show that a guilty is, if Old Chiefmeans what it appears to prosecution should remain free to reject.”); United verdict would be morally reasonable. say, the defendant should be able to States B. Campos, 221 F.3d 1143 (10th Clr. 2000) On a child pornography case, lury was properly per­ The defendant objects under Rule 403, bring in evidence that the jury can use mitted to view two pictures that the defendant arguing that he had nothing to do with to nullify the verdict. In our example, allegedly transported, even though he offered to the giving of the drugs to schoolchild­ it would mean that the defendant could stipulate that they were pornographic: “Old Chiefs holding Is thus based on peculiarities of the ele­ ren and that he is not charged with that bring in evidence that drug laws are ment of felony-convict status and or admissions act in this case — therefore the evi­ applied more harshly against African- and the like when used to prove it * * * In contrast dence of use by schoolchildren Is not Americans than against whites. K would to the defendant in Old Oiief, Mr. Campos’s offer to stipulate did not involve his legal status but probative and unduly prejudicial. also follow that the defendant would rather the gist of the government’s current case If the prosecution is allowed to prove have a right to contend in his closing against hlm-the two pornographic inures that he not only that the defendant is guilty but argument that the government’s evi­ offer allegedly transported via computer. Mr. Campos's thus sought to deprive the prosecution of the also that a guilty verdict is morally rea­ dence falls to show that it would be . very opportunity that should be protected; the sonable, is not the evidence of use by morally reasonable to convict — in opportunity to present the concrete events of later schoolchildren admissible? other words, to argue specifically that criminal behavior charged against a defendant."). (2) Todd Pettys, “Evidentiary Relevance, Moral­ The answer, according to Professor the jury should disregard the judge’s ly Reasonable Verdicts, and Jury Nullification,” 86 Pettys, really depends on the subjective Instructions and nullify a guilty verdict. Iowa LRev. 467 (2001). views of the jurors. To our first juror, Obviously, defining evidence as rel­ the testimony might carry little moral evant when addressed to a juror’s weight because his focus is more on racism and selective prosecution, while moral underpinnings, rather than the disputed facts In the case. Is a recipe Emergency La^ Juror Two might regard the testimony for disaster. One hopes that the Court as morally significant because it feeds will reject the implication in Old Chief Continued from page 1, column 4_____ into his views on the harmful effect of and refuse to adopt an expansive, ing limitations or time for the filing or drugs. In the language of Old Chief, the “moral reasonableness” view of rele- service of any legal action, notice or evidence might provide Juror Two ’with vance. The Enhanced Relevance model other process or proceeding that the “concrete and particular” details that leads to an indeterminate system of evt- courts lack authority to extend through “glve life to the moral underpinnings of dence; and it will result In a less-accu- the exercise of discretion, where any lim­ the law’s claims.” Thus, the problem rate determination of the facts that are itation of time concludes during the peri­ with holding that e’vidence is relevant really in dispute between the parties. od commencing from the date that the when offered to prove that a guilty ver­ disaster emergency was declared [Sept. dict would be "morally reasonable” is 11]... until further notice.” ■Y that It results In an Inherently SUbjec- (') See, e.g.. United States v. Hall, 152 F.3d 381 The Governor’s counsel, James M. 6 enquiry that live enouirv uve varies win irar vanes every iuror with everv juror. victim’s identity and the cause of McGuire, and Mr. McGuire’s assistant, Professor Pettys rightly concludes: her death; defendant’s offer to stipulate was prop- Richard Rifkin, worked with the Depart­ “If the Enhanced Relevance Model erly rejected because “the government must be ment of Law over the last three days to requires agreement upon a general formulate the executive order. Section §29-a allows the Governor to “tem­ porarily suspend specific provisions of any statute, local law, ordinance, or 14,000 Lawyers Are Displaced orders, rules or regulations, or parts thereof, of any agency during a state is; - . disaster emergency, if compliance with Continued from page 1, colunm 5 since the courts reopened Wednesday. such provisions would prevent, hinder, Initially, the delays in Manhattan were or delay action necessary to cope with headquarters at 25 Beaver St, near the close to 40 hours, though that number is the disaster.” southern tip of Manhattan. Judge Lipp­ now closer to the 24-hour deadline set Additionally, Attorney General Eliot man said he has been operating out of by court ruling, they reported. Spitzer was planning to make a formal his chambers in Westchester, and that The backlog occurred because no request to the courts to extend deadlines other key administrative judges have arraignments were conducted on Tues­ in cases where the judiciary has that been working out of locations in Brook day, but a day and night session have authority. For matters where the judici­ lyn and White Plains. been conducted since then, said Acting ary lacks authority to extend a deadline, Today, the courts will remain closed In Justice Judy Kluger, the court’s adminis­ it is expected that the Governor’s exec­ iwi Manhattan except for the handling of arraignments and the stationing of two jiidge,s at tlie Appellate Division, First trative judge. Arraignments will also be utive order will alleviate any difficulties. conducted over the weekend, she added. Over the last two days there have Department, to handle applications for been problems in getting deiendants' emergency relief. In addition. Family Court Administrative Judge Joseph M. Lauria criminal histories. Judge Kluger said, because of the difficulties in transmitting United Front will be available in Brooklyn to handle data back and forth from Albany. By yes­ Continued from page 1, coltmin 2 applications for protective orders and terday afternoon those problems had other emergency relief In domestic cases. abated. However, she said problems in attempt to destroy our most sacred i -Courts In New York City, other than in getting police officers to complete paper ideals and threaten the peace of our Manhattan, will continue to handle all work in connection with arrests contin­ State and Nation will be found and / scheduled matters, except for jury trials, ue because of the extreme demands on brought to justice,” the resolution as they did yesterday. the force. declared and was passed after brief but / Judge Lippman said that operations Michele Maxlan, the head of the Legal moving speeches were delivered by Gov- t \ ‘A. .H.-.-® yesterday in the four boroughs where the Aid Society’s Criminal Defense Division, emor Pataid and the leaders of the Lefr /r Y ?•: , I courts were re-opened were “not fully said that, despite being displaced from islature. Senate Majority * normal, but coming back to full life.” Its main office on Duane Street, L^tal Ald Given the large number of lawyers excluded ■from v '5 j

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