what strategy a defense lawyer should it take on the central park five case

The best criminal defense strategy comes when the defendant and the defense attorney present a story that is based in truth and shows the defendant in the best light possible. Depicting a story in a better light could lead to a plea bargain, conviction on a lesser charge, or even a finding of not guilty. Criminal Defense: The "Truth"

Full Answer

What was the sentence for the Central Park five?

Richardson and Wise were sentenced in a separate trial to 5 to 10 years and 5 to 15 years, respectively. Wise was the only one of the group that went to adult prisons having been arrested at 16. Ironically, Galligan was also the trial judge in the murder and rape case of Reyes, whose admission overturned the conviction of the Central Park Five.

Who is the judge in the Central Park Five case?

Wise was the only one of the group that went to adult prisons having been arrested at 16. Ironically, Galligan was also the trial judge in the murder and rape case of Reyes, whose admission overturned the conviction of the Central Park Five. WHERE IS HE NOW?:

What did Tim Clements think about the Central Park five?

WHAT HE DID: One thing that the co-prosecutor Tim Clements, who was also assigned to the case believed when the Central Park Five were exonerated was that even if Reyes says he acted alone, that his admission is highly questionable.

Was Central Park turned into a torture chamber?

When sentencing Salaam, McCray and Santana, Galligan called them “mindless marauders seeking a thrill,” and said that Central Park had been turned into a “torture chamber.”

Who were the defense attorneys for Central Park 5?

David Kreizer, an experienced litigation attorney in New York and New Jersey, served, along with co-counsel, as attorney to Korey Wise in the Central Park Five case.

Who committed the crime of the Central Park 5?

rapist Matias ReyesThe so-called "Central Park Five" were wrongly convicted of assaulting and raping a jogger in Central Park in 1989. In reality, the attack was committed by serial rapist Matias Reyes.

What sort of false confession did the Central Park 5 make?

In Yusef Salaam's interrogation, the police admitted that they lied to Yusef when they were questioning him. They told Yusef his fingerprints could be found on the jogging shorts of the victim. That's perfectly legal in the United States.” The New York Daily News coverage of the so-called Central Park Five case.

What happened to the lady who convicted the Central Park Five?

Try the Watching newsletter for 4 weeks. Elizabeth Lederer, the lead prosecutor in the Central Park jogger case, which resulted in the wrongful conviction of five black and Latino boys, said on Wednesday that she would not return as a lecturer at Columbia Law School.

How old is Antron McCray now?

Antron McCray, 46 He was pushed to falsely confess by his father, who believed Antron might go free if he told police he was involved in the jogger's rape. Unfortunately, this led to Antron's wrongful conviction, and he served six years in a youth correctional facility before going free.

Why did Korey Wise change his name?

Today, Korey still lives in New York City, where he works as a public speaker and criminal justice activist. In 2015, he donated $190,000 to the University of Colorado's chapter of the Innocence Project, which then changed its name to the Korey Wise Innocence Project at Colorado Law in his honor.

Is Yusef Salaam a doctor?

In 1989, at just fifteen years young, Dr. Yusef Salaam was tried and convicted in the “Central Park Jogger” case along with four other Black and Latinx young men. The Exonerated Five spent between seven to 13 years behind bars for crimes they did not commit, until their sentences were overturned in 2002.

Who was the youngest Central Park 5?

May 10, 1989Steve Lopez, 14,Antron McCray, 15.Kevin Richardson, 14,Yusef Salaam, 15,Raymond Santana, 14,Korey Wise, 16.

Did the Central Park 5 falsely confess?

27, is named after the Central Park Five, a group of teenagers that was infamously convicted of raping a Central Park jogger in 1989. The five suspects, who were between the ages of 14 and 16, falsely confessed to the crime after police allegedly subjected them to seven-plus-hour interrogations that were often violent.

How do lawyers see us?

The former Manhattan prosecutor Linda Fairstein sued Netflix and the director Ava DuVernay on Wednesday, arguing that she was falsely portrayed as a “racist, unethical villain” pushing for the convictions of five black and Latino teenagers in “When They See Us,” a series about the Central Park Five case.

What happened to the lawyers in When They See Us?

All five were found guilty, but their convictions were vacated after an imprisoned rapist and murderer confessed to the crime. After the series debuted, Fairstein was dropped by her publishers in the U.S. and Britain, as well as her literary and film agency, ICM Partners.

Did the police from When They See Us get in trouble?

Korey Wise (played by Jharrel Jerome) served 12 years in prison for attacking and raping the victim whereas the other four boys served six years each in a juvenile prison. Their convictions were overturned when the real attacker, Matias Reyes (Reece Noi) confessed in 2002.

Who were the five men who were convicted of raping a woman in Central Park?

Raymond Santana, Yusef Salaam and Kevin Richardson (l-r) three of the five men wrongfully convicted of raping a woman in Central Park in 1989, settled with New York City for approximately $40 million dollars (Photo by Andrew Burton/Getty Images)

Why are prosecutor more set on convictions than finding truth?

Prosecutors are more set on getting convictions rather than finding truth. It’ s more about politics and their bosses making certain calls rather than seeking the truth.

Why is Linda Fairstein getting attention?

Linda Fairstein has been getting attention a lot since Ava DuVernay’s film came out because she continues to deny that any mistakes were made by her or her office when there clearly were. The point is this is something that happens much too frequently and there’s nothing in place to hold prosecutors accountable, which is what we’re trying to do [at the Center for Constitutional Rights].

Why do prosecutor do everything they can?

Prosecutors do everything they can so that a successful defense doesn’t get mounted. The odds are really stacked against the defense counsel. They pulled out all the stops to ensure the kid’s sides of the story were not heard. They did everything the could to pretend that coercion didn’t happen.

Can you interrogate children as defendants?

“The key lesson here is that when you’re dealing with children as defendants, you can’t interrogate them them as you would adults. Young people will lie if they are afraid or forced. Prosecutors should know that.”—

Is a prosecutor a monolith?

Of course, prosecutors are not a monolith. Particularly in recent years, there are more progressive prosecutors being elected. We’re trying to get people involved in voting in local district attorney races because they have so much power. I’m speaking with a broad brush, but it’s fair to say there’s a critical mass of prosecutors who continue to make what I believe are questionable decisions.” — Jason Williamson, Deputy Director of the ACLU Criminal Law Reform Project

Who bears responsibility for overzealously pursuing the conviction they ultimately were granted?

Nonetheless, collectively everyone believes the prosecuting team bears some responsibility for overzealously pursuing the conviction they ultimately were granted, but pursued at the cost of true justice. Here’s what they had to say.

Why did the Central Park Five sue?

Following their clear exoneration, the Central Park Five filed a civil lawsuit against the City of New York for, among other things, malicious and wrongful prosecution. For more than a decade, the New York officials refused to settle the claim.

How much did the city settle the lawsuit against David Kreizer?

However, in 2014, following the election of New York Mayor Bill de Blasio, the city finally relented and agreed to settle the Civil Rights lawsuit for $41 million with $12.25 million going to David Kreizer’s client, Korey Wise.

What evidence was used against teenagers?

The supposed “confessions” were the key evidence used against teenagers. However, their DNA did not match the DNA that was obtained at the scene of the crime. Further, the confessions were obtained after hours of interrogation — without the presence of parents or attorneys.

Who were the six black teenagers in the New York City Police Department?

In the immediate aftermath of the crime, officers from the New York City Police Department (NYPD) put the focus on six African American and Hispanic American teenagers: Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana, and Korey Wise.

When were the five people in the Innocence Project cleared?

As the Innocence Project notes, the five men were cleared in 2002 after the Supreme Court of New York vacated their convictions and withdrew all of the criminal charges against them.

Did Reyes commit the Central Park Five?

There was also additional evidence that confirmed that Reyes, not the Central Park Five, committed the attack. The convictions were vacated and all criminal charges against the Central Park Five were officially withdrawn.

How long did it take for the five people to confess to the attack?

They had been part of a larger group of young men harassing passersby in another part of the park. After intense interrogations ranging from 14 to 30 hours in length, four of the five confessed to the crime. The five were charged with the attack.

What happened in 1989 in Central Park?

The Central Park Five. In 1989, a young woman jogging in New York’s Central Park was raped and beaten nearly to death. This high-profile attack upon a white investment banker in the heart of the city was quickly called the “crime of the century.”.

Did Central Park 5 recover semen?

His was the only semen recovered from the victim . The attack on the jogger was similar in M.O. to his other rapes, none of which involved any other perpetrator. Eventually, the Central Park 5 settled a wrongful conviction lawsuit with the City of New York for $41 million. However, the indisputable and overwhelming evidence ...

What happens if a defense attorney makes a witness appear inconsistent?

If a defense attorney can make a witness appear inconsistent or catch them in a lie, the judge or jury is going to be much less likely to believe the testimony. Unreliable witnesses are quite common, and a good defense attorney will challenge everyone’s reliability.

How many DNA exonerees were wrongfully convicted for murder?

False confessions happen more often than most care to admit. According to the Innocence Project, “130 DNA exonerees were wrongfully convicted for murders; 40 (31%) of these cases involved eyewitness misidentifications and 81 (62%) involved false confessions.”

Can you use force on someone else?

It is true that someone can use physical force on another for self-defense or to defend a third person from what seems to be an imminent force of danger. However, the claim does not hold up in court if the person stating self-defense was the initial aggressor.

Can a court charge you if you can't prove guilt?

If your guilt cannot be proven beyond a reasonable doubt, the court cannot charge you—this is easily one of the most common defense strategies of a criminal defense lawyer. There are times where a case can be so fragile and filled with entirely circumstantial evidence that attorneys will show how the plaintiff cannot prove any wrongdoing.

Can police lie in their testimony?

If someone finds themselves on the receiving end of police misconduct, they may even be able to pursue a civil rights claim .

Who was the co-prosecutor of the Central Park Five?

WHAT HE DID: One thing that the co-prosecutor Tim Clements, who was also assigned to the case believed when the Central Park Five were exonerated was that even if Reyes says he acted alone, that his admission is highly questionable.

Who was the main culprit in Central Park Five?

Once evidence surfaced exonerating the Central Park Five, Fairstein railed against the development. She maintained that although the DNA may have made Reyes the main culprit, the teens were participants and their confessions (which they maintained were coerced) proved it.

Why did Clements leave the Manhattan D.A. office?

Clements left the Manhattan D.A.’s office in 1991 and hasn’t been able to speak about the Central Park Five because he was advised not to as their civil suit moved forward. The outcome of which was a $41 million settlement with New York City, which he vehemently disagrees with.

Did Michael Sheehan believe the investigation was handled correctly?

WHAT HE DID: No surprise here that former NYPD Det. Michael Sheehan believes the investigation was handled correctly by experienced detectives. However, he also agrees with the others that Reyes’ confession turned the entire case on its head despite the work done by the department to place the five teens at the scene of the crime and that their own words should have prevented their full exoneration.

Who was the assistant district attorney for Central Park Jogger?

She assigned Elizabeth Lederer to the Central Park Jogger case almost immediately (replacing assistant district attorney Nancy Ryan ) and assembled a team determined to respond to a fear-based citywide demand to get a handle on youth crime.

Did the prosecution use confessions from the five boys that did not prove they assaulted Meili?

The prosecution used confessions from the five boys that did not prove they assaulted Meili, but placed them as accomplices to the crime, each implicating the other . Ultimately, she won her case, sending the defendants to juvenile facilities for the rest of their teen years and into their adult lives.

Did Central Park Five get convicted?

The Central Park Five case has been mostly seen through the eyes of the wrongly convicted, but it took the operatives of the criminal justice system to incarcerate them. They still maintain their stance, despite being proven wrong.

What is a defense in a criminal case?

In a criminal case, a defense is the argument (s) and supporting evidence that attorneys present to the courts with the aim of securing the best possible outcome for their clients. Therefore, for any criminal lawyer, a defense strategy is crucial to the case. Their choice of strategy can make the difference between winning and losing the case presented against their client by the prosecution. Strong arguments with a well-developed defense theory that utilize the best defense attorney tactics will result in a good sentence for the defendant. The choice of strategy could even result in a verdict of “not guilty” or a favorable plea bargain. On the other hand, poorly formulated defenses can result in the defendant facing fines or imprisonment.

What is the most important part of a criminal case?

Strong criminal defense strategies can make the difference between a criminal defendant being found guilty and charged with an alleged crime, and the accused going free. Therefore, this is the most important part of a case for all criminal defense lawyers. The above strategies and tactics are the most commonly used and have proven to be successful in the court of law. However, all lawyers should look into the details of each case to formulate an argument that is most likely to win.

How does an alibi defense work?

To work as a defense strategy, the alibi must be backed up with evidence. For instance, a criminal lawyer may bring forward witnesses that can testify to the alibi, or any video footage, photographs, or GPS records that prove the defendant was not at the scene of the crime. The more physical evidence of the alibi presented, the more believable the alibi will be. However, for alibi defenses based on witness testimonies alone, credibility is crucial. The testimony needs to be trusted by the jury, so choosing witnesses who have no personal connections to the defendant and bringing forward multiple people can strengthen this type of defense.

What happens if a criminal defense lawyer proves misconduct among law enforcement?

If a criminal defense lawyer can prove misconduct among law enforcement occurred, the case will likely be dismissed by a district attorney or the courts prior to the trial. In such cases, there is also a chance for the defendant to pursue a civil rights case and claim for damages caused by law enforcement.

What is the model test in criminal law?

The Model Penal Code Test: The defendant is unable to understand that the act they committed was criminal due to their mental disorder.

What is the most commonly used defense tactic?

Another of the most frequently used defense tactics is to provide an alibi for the defendant. It is impossible for the defendant to be guilty of the prosecution’s claims if it can be proven that they were somewhere else at the time the crime was committed. This is an appropriate tactic to use if the accused is in complete denial of committing the crime and has a way to prove they are not responsible.

How can an attorney prove insanity?

In all other states, an attorney can prove insanity by utilizing an insanity defense test. The exact test used and the criteria for proving insanity vary widely and depend on the criminal code of each jurisdiction. However, all insanity defense tests rely on one of four legal standards:

Who Wields The Power?

• “One of the central pieces of our work is trying to shed some light on the tremendous authority prosecutors have in the criminal justice system. This is an egregious example of prosecutorial misconduct, but this also illustrates that prosecutors hold the keys, who gets charged, and how to evaluate evidence. The team of prosecutors had the ability t...

See more on thegrio.com

Children as Defendants

Know Your Rights

The Larger Message

A Broken System of Inequality