Inadvertant Possession of Child Pornography
Posted on July 11, 2010
Filed Under General | Leave a Comment
In our age of technological advancement, the Internet has become a driving force behind the widespread dissemination of child pornography. In particular, Peer-to-peer networks (such as Limewire)—a platform for sharing digitally formatted files—have come under scrutiny for unintentionally providing a medium for the illegal distribution of child porn. There are times where the justice system falters in the prosecution of child pornography offenses because of an inability to adequately regulate online activity. But there are also times when the system targets people whose conduct with respect to child pornography was largely or even completely unintentional. Peer-to-peer networks complicate the issues surrounding child pornography offenses because illicit materials can be unintentionally possessed and distributed via the networks. In these situations, criminal prosecution and the stiff penalties required may be disproportionate or inappropriate. Read more
Chipping Away at Miranda
Posted on June 15, 2010
Filed Under General | Leave a Comment
On June 1st, the U.S. Supreme Court delivered an opinion that took aim at the landmark case, Miranda v. Arizona. In 1966, the Miranda decision came down in response to coercive police interrogations and “profoundly affirmed the Fifth Amendment right against self-incrimination, providing a clear marker that has served well suspects and law enforcement.” (See the editorial “Assaulting Miranda” in the Akron Beacon). Before Miranda, law enforcement interrogations could last hours on end, pausing only for the suspect’s bare necessities to avoid charges of duress. As cited by Christopher Macchiaroli in The Champion magazine, pre-Miranda interrogations strived “to highlight isolation and unfamiliar surroundings.” Police training manuals even went so far as to instruct law enforcement officers to Read more
Thoughts on the Drug War
Posted on June 11, 2010
Filed Under Drug Offenses | Leave a Comment
Last month, the Associated Press (AP) dropped the bombshell that the “War on Drugs” has cost the United States one trillion dollars. That’s right: a trillion dollars. It’s been being fought for four decades and now is verging on the most expensive and longest running war in U.S. history. And there’s a growing sense that it hasn’t worked.
Recently, the failure of the policy has been voiced by numerous folks in government, academia, the media and even by Gil Kerlikowske, the Director of the Office of National Drug Control Policy. Kerlikowske flat-out admitted to the Associated Press that, “in the grand scheme, [the war on drugs] has not been successful” and that after 40 years “the concern about drugs and drug problems is, if anything, magnified, intensified.” Read more
Consumer Reports Finds Protein Drinks “Dangerous”?
Posted on June 4, 2010
Filed Under Dietary Supplements | Leave a Comment
Collins McDonald & Gann practices extensively within the dietary supplement industry. Our attention was drawn when the July 2010 issue of Consumer Reports (CR) magazine investigated protein drinks with not very flattering findings:
… [O]ur investigation, including tests at an outside laboratory of 15 protein drinks, a review of government documents, and interviews with health and fitness experts and consumers, found most people already get enough protein, and there are far better and cheaper ways to add more if it’s needed. Some protein drinks can even pose health risks, including exposure to potentially harmful heavy metals, if consumed frequently. All drinks in our tests had at least one sample containing one or more of the following contaminants: arsenic, cadmium, lead, and mercury. Those metals can have toxic effects on several organs in the body.
It’ll take some time to fully dissect the findings. Obviously, nobody needs to ingest unsafe levels of heavy metals. But 12 of the 15 did not contain unacceptable levels of any heavy metals in a full three (3) servings daily. Of the 3 that did show unacceptable levels, again, it was only at 3 servings daily, not one or 2. Read more
Marc Gann, New President of the Nassau County Bar Association
Posted on June 2, 2010
Filed Under General | Leave a Comment
Collins, McDonald and Gann partner Marc Gann has been installed as the 108th president of the Nassau County Bar Association. Among the local media to cover the change in NCBA administration is the Long Island Business News, running the story “Gann named Nassau bar president.” Congrats, Marc!
Opiate Drug Use Not just a Teenage Problem
Posted on February 16, 2010
Filed Under Drug Offenses | Leave a Comment
Nassau and Suffolk County have undertaken a new initiative to fight teenage heroin use by targeting enforcement on the Queens and Brooklyn borders in an effort to keep heroin out of Long Island. The drug problem is bigger than that, however, as a recent arrest in Nassau County highlights. Pharmacist Robert Ciskanik was arrested for sale of a controlled substance in a Plainview parking lot when police stumbled upon the transaction. Click here to see the full text of the Newsday article “Cops: Pharmacist, 2 others, arrested in drug deal“. He was selling Oxycontin, an opiate, in a street level transaction. These, and other opiates, are every bit as addicting as heroin and can result in the same or similar penalties as heroin sales.
Sometimes We Forget the Presumption of Innocence
Posted on September 18, 2009
Filed Under General | Leave a Comment
The recent case of “rape” at Hofstra University highlights the foundational principle of our criminal justice system – the presumption of innocence. The police, press and public were quick to vilify a number of individuals who were accused of a brutal and premeditated gang rape of a Hofstra coed. There were arrested, arraigned and held on high bail. Now news that the coed made the story up and had consensual sex with the individuals accused has surfaced. The original story was so outlandish that the facts as reported should have been investigated fully and completely before an arrest was made or at least before the circumstances were so publicly discussed. Reputations were at the very least damaged if not, in fact, ruined in these days of the internet. Let’s not forget the Presumption of Innocence.
Unexpected Consequences of a DWI
Posted on August 7, 2009
Filed Under DWI | Leave a Comment
The horrific accident on the Taconic Parkway involving the Schuler family and the Bastardi family that took the lives of the 8 people should be a lesson to all of us. Ignoring the warning signs of the trouble will lead to tragic consequences and potential criminal culpability. If it can be shown that someone provided Diane Schuler with alcohol and/or drugs with the knowledge of her apparent alcohol and marijuana issues, they could conceivably be prosecuted for reckless endangerment or endangering the welfare of a child. While this type of prosecution might be difficult and tenuous, the publicity surrounding this case and the visceral feelings of public rage may result in an unusual prosecution.
Further, this is the kind of case that can create new laws and not necessarily ones that are ultimately beneficial. There’s an old saying “bad facts make bad law”. There could be no more “bad facts” than there are in the Taconic tragedy and, therefore, the real possibility of making “bad law”.
Welcome to Collins, McDonald & Gann P.C. Blog
Posted on May 19, 2009
Filed Under General | Leave a Comment
About
Since 1990, Collins, McDonald & Gann, P.C., has been committed to providing exceptional legal counsel and to aggressively defending the rights of its individual and corporate clients.
The renowned metropolitan New York law firm and its distinguished partners have been awarded the highest accolades for legal abilities and ethical standards (AV-rating) from the prestigious Martindale-Hubbell directory of lawyers, and are listed in the Bar Register of Preeminent Lawyers.