Judge Alex Kozinski’s not too long ago revealed preface to the forty fourth edition of the Annual Review of Criminal Procedure, Criminal Law 2.0,” was quoted earlier this week in a New York Times article on prisoners’ rights. Some of the more important elements that they consider when imposing sentence are the diploma of premeditation, whether the accused has a earlier felony record, the gravity of the crime committed, the degree of participation of the offender within the crime, the incidence of this particular crime in the jurisdiction, past sentences imposed for a similar or similar offences, and the age, life-style and personality of the offender.
Whoever refuses to provide info, when the state’s public safety organs look into related conditions and gather relevant proof from him, about other individuals who he clearly is aware of have conducted felony espionage activities is to be sentenced to not more than three years of fastened-term imprisonment, prison detention, or control if the circumstances are severe.
State organ personnel charged with the duty of investigating and banning criminal activities, who send secret information or tip off legal components, or present facility to assist them evade punishment, shall be punished with imprisonment or criminal detention of lower than three years; or – in instances of a severe nature – with imprisonment of over three years and less than 10 years.
Penal Law § 10.00(8) defines possession” as to have physical possession or otherwise to train dominion or control over tangible property.” Thus, to ensure that the presumption of possession to be constitutionally utilized, the proof at trial should support a rational inference that every occupant of the automobile was aware of the presence of the gun and possessed each the ability and intent to exercise dominion or control over it (County Court of Ulster County v Allen, supra, 442 US 140, 152).