June 20, 2018 | New York Law Journal
What Is 'Clear and Convincing' Evidence in SORA Hearings?A person adjudicated as a moderate or high risk must register as a sex offender for the rest of his life, with his photograph, address and other personal information made publicly available on the Internet Sex Offender Registry. Given the dire lifetime consequences of being publicly labeled a sex offender, the SORA statute requires the People to prove the facts underlying the risk level adjudication by clear and convincing evidence.
By Lorca Morello
9 minute read
December 11, 2015 | New York Law Journal
Recording Police Interrogations: Missed Opportunity for ReformDefense attorneys should continue to argue that the People cannot prove beyond a reasonable doubt that a stationhouse confession is voluntary when they fail to provide a complete recording of the interrogation. We should not let the issue be diverted into whether the police have a tape recorder at the stationhouse or what their policies are, or their motives for not recording.
By Lorca Morello
9 minute read
December 10, 2015 | New York Law Journal
Recording Police Interrogations: Missed Opportunity for ReformDefense attorneys should continue to argue that the People cannot prove beyond a reasonable doubt that a stationhouse confession is voluntary when they fail to provide a complete recording of the interrogation. We should not let the issue be diverted into whether the police have a tape recorder at the stationhouse or what their policies are, or their motives for not recording.
By Lorca Morello
9 minute read
November 07, 2014 | New York Law Journal
Troubling Interpretation of Sex Offender Registration StatuteLorca Morello writes that the Court of Appeals, in 'People v. Gillotti', held that anyone convicted of possessing multiple images of child pornography has multiple "victims" under the Sex Offender Registration Act and therefore presents the same future risk to public safety as someone who has sexually assaulted multiple children, a view which, as the dissent said, "is more likely to produce emotional satisfaction than to protect any children."
By Lorca Morello
12 minute read
March 21, 2014 | New York Law Journal
Rescuing the Fifth AmendmentThe New York Court of Appeals has issued a landmark decision on coercive interrogation tactics in People v. Adrian Thomas. It overturns what is most likely a wrongful conviction based entirely on the coerced confession of a young father accused of murdering his 4-month-old son.
By Lorca Morello
10 minute read
October 29, 2013 | New York Law Journal
Avoiding Coerced and False Confessions in the First PlaceLorca Morello, a staff attorney in The Legal Aid Society's Criminal Appeals Bureau, recommends the English and Welsh PEACE, rather than the Inbau & Reid-type method of conducting police interrogations of suspects.
By Lorca Morello
7 minute read
April 18, 2011 | New York Law Journal
Unclear and Unconvincing Evidence in SORA HearingsBy Lorca Morello
7 minute read
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