Does the persistent violent crime statute need to be amended or modified?

"New York", United States of America

The following excerpt is from People v. Morse, 465 N.E.2d 12, 476 N.Y.S.2d 505, 62 N.Y.2d 205 (N.Y. 1984):

Furthermore, this case does not involve a statute which, as unmodified, is either constitutionally infirm, lacking in rationale or fundamentally unjust, and, therefore, would warrant a heightened exercise of judicial scrutiny. (See United States v. Carolene Prods. Co., 304 U.S. 144, 152-153, n. 4, 58 S.Ct. 778, 783, n. 4, 82 L.Ed. 1234). Rather, this is simply a case where the majority deduces from the legislative history of related statutes a different policy from that enunciated in the subject statute as it is written. An examination of the statutory scheme for repeat felony offenders clearly demonstrates that under the persistent-violent statute there is no requirement for multiple separate prior sentences. Rather, multiple prior convictions are sufficient to trigger its enhanced sentencing provisions.

Other Questions


What is the effect of an amended opinion in an amended or modified opinion in a case? (MultiRegion, United States of America)
Is a jury instruction that states that a person intends to commit a violent crime intended to coerce the victim into committing the crime by force of persuasion invalid? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
Does the date of the Registrar's decision on a motion of objection to a motion to amend and amend the terms of an application to amend the application? (Canada (Federal), Canada)
Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
Can a defendant who has been charged with a capital crime under the Fifth Amendment be held to answer for his Fifth Amendment? (MultiRegion, United States of America)
Does the federal aiding and abetting statute need to be amended or amended? (MultiRegion, United States of America)
Does a Plaintiff have to amend or amend his complaint so that the amended complaint supersedes the original? (MultiRegion, United States of America)
Is a motion to amend and dismiss an amended complaint without leave to amend? (MultiRegion, United States of America)
Does plaintiff have the authority to amend or amend the facts of a claim in an amended complaint? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.