Basics of Criminal Law and Practice - Video Replay
This program will cover the basics of criminal law and practice that attorneys need to know.Speaker:Jonathan D. Cohn, Esq.Gerstenzang, Sills, Cohn & GerstenzangAlbany, NY
WHO WE ARE
Welcome to the New York State Bar Association’s Criminal Justice Section! We are dedicated to addressing and advancing issues related to crime, criminology, criminal procedure, correction, and the administration of criminal justice. Our Section brings together legal professionals to meet, network, and collaborate on improving the criminal justice system.
OUR MISSION
Our mission is to anticipate, recognize, and address critical issues in the criminal justice system. We provide a credible voice on pending legislation and help develop NYSBA policy on criminal justice matters. By joining our Section, you can contribute to shaping the future of criminal justice in New York State.
WHAT WE OFFER
Resources
- NY Criminal Justice Section Reporter: Stay updated with our newsletter featuring recent cases, articles on current issues, and updates on Section activities. NYSBA members get free access to these resources!
- Exclusive Publications: Access the New York Criminal Law Journal for summaries of important cases, surveys of recent legislation, and articles on lawyering or policy. NYSBA members get free access to these resources!
Educational Programs
- MCLE and Non-MCLE Programs: Participate in programs that address complex issues in criminal justice law. Our Annual Meeting, seasonal destination meetings, and other events provide relevant updates for your practice. NYSBA members get free access to many of these resources!
Networking Events
- Statewide Networking: Connect with criminal justice attorneys and judges from across New York through our regular events and receptions.
- Online Community: Engage with fellow members in our online forum, where you can post queries, seek guidance, and share referrals. NYSBA members get free access to these resources!
Committees and Professional Growth
- Join Committees: Delve deeper into specific areas of interest by joining any of our 14 substantive committees. Influence laws that affect your practice and the criminal justice system. Committees cover topics such as appellate practice, bail reform, defense, discovery reform, ethics, judiciary, legislation, prosecution, sealing, sentencing, wrongful convictions, and more.
- Free Membership for Law Students: Law students can join our Section for free, gaining valuable insights and connections early in their careers.
WHY JOIN US?
Joining the Criminal Justice Section offers numerous benefits for legal professionals. Expand your skills, stay informed on the latest trends, and build meaningful connections within the New York legal community. Our flexible participation model encourages active involvement without mandatory time commitments.
MORE REASONS TO JOIN
Awards and Recognition: Our Section celebrates outstanding members through various awards and accolades, inspiring excellence within the criminal justice community.
Career Development: Enhance your professional growth with mentorship opportunities, access to job postings, and resources to expand your skills and knowledge.
Advocacy and Influence: Play an active role in shaping legislative policies, advocating for reforms, and influencing decision-making processes that impact criminal justice.
READY TO BECOME A MEMBER?
Ready to enhance your career and contribute to the field of criminal justice? Join the Criminal Justice Section today and become part of a dynamic and supportive community dedicated to excellence in legal practice. Embrace the opportunity to grow professionally and make a difference in the criminal justice system. We look forward to welcoming you!
CONTACT US
To learn more about this Section, please contact Tara Lana
tlana@nysba.org
(518) 487-5596
Please do not contact the Section liaison with a request for legal advice or an attorney referral. You can instead visit our ‘Public Resources’ or ‘Lawyer Referral Service’ page for this type of request.
David M. Cohn
David M. Cohn serves as Chief Appellate Attorney at the Bronx County District Attorney’s Office. Previously, Prof. Cohn worked for more than 20 years at the New York County (Manhattan) District Attorney’s Office, most recently as Counsel for Legal Initiatives and Senior Supervising Appellate Counsel. In addition, Prof. Cohn teaches continuing legal education (CLE) classes and trains prosecutors statewide. In 2015, the New York Prosecutors Training Institute (NYPTI) named him Appellate Prosecutor of the Year.
In 1994, Prof. Cohn graduated with Honors from the University of Chicago Law School, where he served as a comment editor for the University of Chicago Legal Forum. After law school, he served as a staff law clerk for the United States Court of Appeals for the Seventh Circuit and, later, as a law clerk to Chief Judge Judith S. Kaye of the New York Court of Appeals. Prof. Cohn has taught in the Fordham Clinical Externship Program since 2007.
Education
University of Chicago Law School, J.D., with Honors, 1994
University of South Carolina Honors College, B.A., Magna Cum Laude, 1991
University of South Carolina Honors College, B.A., Magna Cum Laude, 1991
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Online Community
Criminal Justice Section Publications
Newly released issues are restricted to Section & Committee Members only for the first 90 days, after which they become available to all members.
Beginning with the November 2023 issue, the New York Criminal Law Newsletter is renamed NY Criminal Justice Section Reporter. It will continue to feature updates on Section activities, recent cases and articles about current issues. Edited by Jay Shapiro, Esq., the NY Criminal Justice Section Reporter is published three times a year by the Criminal Justice Section and distributed to Section members free of charge.
NY Criminal Justice Section Reporter is published as a benefit for members of the Criminal Justice Section and is copyrighted by the New York State Bar Association.
The NY Criminal Justice Section Reporter encourages article submissions on topics of interest to members of the Section. Writing an article for a NYSBA Section publication is a great way to get your name out in the legal community and advertise your knowledge. Our authors are respected state-wide for their legal expertise in such areas as final arguments, the death penalty, sentencing guidelines and reform, and victims’ rights. You can also earn CLE credit (see more information at the Section Pub Author page.
Article Library
Looking for specific articles from our issues? Explore our library of individual articles, available from current and past editions.
View article libraryReport and Recommendations of the Criminal Justice Section, Approved by the NYSBA House of Delegates on April 14, 2018
A 2017 Report of the NYSBA Criminal Justice Section Committee on Prosecution
The Use of Criminal History Records in College Admissions Reconsidered
Center for Community Alternatives (CCA), Marsha Weissman, Ph.D., Alan Rosenthal, Esq. and Patricia Warth, Esq., Elaine Wolf, Ph.D, Michael Messina-Yauchzy, Ph.D. Read Article
Criminal Justice Section Report “Sealing Records of Conviction Regarding Certain Crimes” adopted by the NYSBA House of Delegates January 27, 2012
Sealing a person’s criminal record requires balancing competing interests. On the one hand, a person with a criminal record has, after a suitable period of lawful living and rehabilitation, an interest in pursuing employment, licensing, housing, education, and other benefits without the stigma of a prior arrest or conviction. Click here to see the full report.
Consequences of Conviction: A Reminder of Some Possible Civil Penalties
Honorable Harold Baer, Jr., United States District Court Justice, Southern District of New York has written a booklet regarding “Consequences of Conviction: A Reminder of Some Possible Civil Penalties.” Click here to view the booklet.
New York State Bar Association President Vincent E. Doyle Commends Governor and Lawmakers on DNA Measure
Read the NYSBA press release here (March 2012).
To see the law go to http://public.leginfo.state.ny.us/navigate.cgi and search for S6733 or Chapter 19 of the Laws of 2012.
Re-Entry and Reintegration: The Road to Public Safety
Report and Recommendations of the Special Committee on Collateral Consequences of Criminal Proceedings, May 2006: Available upon request. (Email Amy Jasiewicz to request a copy.)
Criminal Justice Section Committee
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Appellate Practice Committee
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Bail Reform Committee
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Brady Committee
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CLE Committee (Criminal Justice)
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Civil Forfeiture Committee
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Conviction Integrity Units
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Correctional System Committee
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Counsel at First Appearance (CAFA)
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Crim: Clemency Volunteers Committee
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Defense Committee
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Discovery Reform Committee
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Diversity Committee (Criminal Justice)
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Ethics and Professional Responsibility Committee (Criminal Justice)
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Executive Committee (Criminal Justice Section)
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Impact of Bail and Discovery Reform Committee
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Judiciary Committee
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Law School Student Committee (Criminal Justice)
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Law Student Committee (Criminal Justice Section)
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Legal Representation of Indigents Committee
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Legislation Committee (Criminal Justice)
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Legislative Drafting Committee
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Membership Committee (Criminal Justice)
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Nominating Committee (Criminal Justice)
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Post-conviction Committee
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Prosecution Committee
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Publications Committee (Criminal Justice)
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Rikers Island Ad Hoc Committee
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Sealing Committee
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Sentencing Reform Committee
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Sentencing and Sentencing Alternatives Committee
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Sex Offender Registration Act (SORA) Committee
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Sponsorship Committee (Criminal Justice)
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Town and Village Justice Court Committee
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Town and Village Report Implementation Committee
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Training and Education
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Vehicle and Traffic Law Committee
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White Collar Crime Committee
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Wrongful Convictions Committee
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Young Lawyers Committee (Criminal Justice)
Awards
The 2024 Criminal Justice Section Award Nominations are now open.
For more than 30 years, the NYSBA Criminal Justice Section has presented awards for outstanding service in the criminal justice system. The awards have expanded to include 13 different award categories representing the many different aspects of the criminal justice system. Anyone is welcome to submit a nomination.
Persons who are ineligible for an award:
Previous award winners in a category will not be approved again in the category. A person may be nominated an approved for an award in a different category after 3 years. Check to see if your nominee is listed in the Alphabetical Listing of Past Award Recipients.
See below for lists of previous award recipients grouped by award.
ALPHABETICAL LISTING OF PAST AWARD RECIPIENTS
Martin B. Adelman Memorial Award
To honor a lawyer or judge whose remarkable career has contributed to the betterment of the legal profession.
Charles F. Crimi Memorial Award
To recognize the professional career of a defense lawyer in private practice that embodies the highest ideals of the Criminal Justice Section.
David S. Michaels Memorial Award
To recognize courageous efforts in promoting integrity, justice, and fairness in the criminal justice system.
Outstanding Appellate Practitioner
Established in 2003, to recognize outstanding advocacy, protection of due process and the public welfare, and the integrity of the judicial system by defense attorneys and prosecutors.
Outstanding Contribution in the Field of Correctional Services
To acknowledge outstanding contributions in the field of correctional services.
Outstanding Contribution in the Field of Criminal Justice Legislation
To recognize outstanding work in proposing or implementing needed reforms, which specifically includes political action and fundamental research into the operation and effectiveness of the entire criminal justice system.
Outstanding Contribution in the Field of Criminal Law Education
To recognize outstanding work in criminal law education, the promotion of interest in the practice of criminal law, and the provision to students the opportunity to gain practical insight into the operation of the criminal justice system.
Outstanding Contribution in the Field of Public Information
In recognition of a significant effort to acquaint the public and the bar with the operation of the criminal justice system; to alert the public to the problems besetting that system; and to foster dedication to the preservation of liberty through law.
Outstanding Contribution to the Bar and the Community
Special recognition for service to the bar and the community.
Outstanding Police Contribution in the Criminal Justice System
To recognize outstanding efforts to improve the police function within the criminal justice system.
Outstanding Prosecutor
To recognize a prosecutor who has made special contributions to not only the prosecution community, but to the bar at large, and whose professional conduct evidences a true understanding of a public prosecutor’s duty to advance the fair and ethical administration of criminal justice.
The Michele S. Maxian Award for Outstanding Public Defense Practitioner
Recognizes an outstanding public defense practitioner.
The Vincent E. Doyle, Jr. Award for Outstanding Judicial Contribution in the Criminal Justice System
To honor outstanding judicial effort to improve the administration of the criminal justice system.
Articles
By Sherry Levin Wallach (Fall 2020)
Legal Links of Interest
GENERAL LINKS
- New York Law Journal
- National Law Journal
- New York State Association of Criminal Defense Lawyers
- New York State Defenders Association
- National Association of Criminal Defense Lawyers
CRIMINAL LAW
Federal Material
Federal Constitution and Statutes:
- U.S. Constitution:
- U.S. Code: 18 U.S.C., Part I – Crimes
Federal Agency Regulations:
Federal Judicial Decisions:
- U.S. Supreme Court: Recent Criminal Law Decisions
State Material
State Judicial Decisions:
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
INTERNATIONAL MATERIAL
Key Internet Sources:
- Federal Agencies:
- House Committee on Oversight and Government Reform
- Buffalo Criminal Law Center
- Vera Institute of Justice
- United Nations Justice Network (UNCJIN)
- CopNet – Police Departments Around the Country and World
- National Criminal Justice Reference Service
- Bureau of Justice Statistics
- National Archive of Criminal Justice Data
- American Civil Liberties Union – ACLU
- Crimelynx
- Nolo Legal Encyclopedia
- freeadvice.com
- ABA Criminal Justice Section
- National Criminal Justice Association
- Centre for Criminology Library, University of Toronto
- National Association of Criminal Defense Lawyers
CRIMINAL PROCEDURE
Federal Material
Federal Constitution and Statutes:
- U.S. Constitution
- U.S. Code: 18 U.S.C. – Crimes and Criminal Procedure
Federal Court Rules:
Federal Judicial Decisions:
- U.S. Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Criminal Procedure Decisions
State Material
State Statutes:
State Judicial Decisions:
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Other Resources
Key Internet Sources:
- freeadvice.com
- U.S. Sentencing Commission
- ABA Criminal Justice Section, Committee on Rules of Evidence and Criminal Procedure
- Litigator’s Internet Resource Guide: Rules of Court
- Federal Judicial Center Publications
- Senate Judiciary Committee
- House Judiciary CommitteeOther Topics Dealing with Court Procedure, Remedies, and Alternatives
DEATH PENALTY
Federal Material
Federal Constitution and Statutes:
- U.S. Constitution: Eighth Amendment – Cruel and Unusual Punishment
- U.S. Code: Sections in Title 18 dealing with the death penalty
Federal Judicial Decisions:
U.S. Supreme Court:
- Historic Supreme Court Death Penalty Decisions
- Recent Supreme Court Death Penalty Decisions
- U.S. Circuit Courts of Appeals: Recent Decisions on the Death Penalty
State Material
State Statutes:
State Judicial Decisions:
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Other References
Key Internet Sources:
JUVENILE JUSTICE
Federal Material
Federal Statutes:
- Title 42 U.S.C. , Chapt. 72 – Juvenile Justice and Delinquency Prevention
State Material
State Statutes:
- Uniform Laws
- Model Juvenile Court Act (adopted in Georgia, North Dakota, and Pennsylvania)
- State Statutes
Judicial Decisions:
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Other References
Key Internet Sources:
- National Criminal Justice Reference Service – Juvenile Justice
- Juvenile Justice Home Page
- The Juvenile Justice Coordinating Program
- Law review, op-ed, and magazine articles relating to juvenile crime, expungement of juvenile crime records, and the juvenile justice system generally
- Coordinating Council on Juvenile Justice and Delinquency Prevention
- National Youth Gang Center
PRISONS AND PRISONER’S RIGHTS
Federal Materials
U.S. Constitution
Federal Judicial Decisions:
U.S. Supreme Court
Program Archive
2022 Law Student Meet And Greet: Criminal Justice, Trial Lawyers, Local & State Government Sections
A Law Student’s Guide to A Career in the Criminal Justice System (September 23, 2021)
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