Living
Crime
The attitude toward crime in the US is a matter of perspective. Some feel that the punishments for crimes are too severe, and others feel they are not severe enough. Views on certain crimes also vary from state to state. For some crimes, people are expected to pay a fine, for others they may have to do community service, such as cleaning up public areas or working with those less fortunate. Some crimes, however, are considered severe enough to warrant incarceration.
People are sent to prison for a few different reasons. But prison is also seen as a potential deterrent (if people know they can be sent to prison perhaps they will rethink committing a crime), as well as rehabilitation. Finally, incarceration is used to keep dangerous, repeat offenders off the street in order to protect society.
The American legal system is a balancing act, that of weighing the rights of society with the rights of the individual accused to be treated fairly under the law.
Over the past 15 years, New York City has enjoyed a significant decrease in crime, and has been named, for the past several years, the safest large city in the United States. Indeed, with eight million people, New York is the largest city in the country, as well as the one with the most dense concentration of people in a geographic area.
Prisons
Life behind bars in the US, on paper, may not seem so bad. Prisoners, like everyone in the US, are entitled to a certain amount of rights: they receive three meals a day, medical care, and freedom to practise their religion. There are televisions and libraries. Prisoners can receive an education – some get a high school diploma, college degree, or even a law degree. Many write books in prison. And because the main goal of the prison system is rehabilitation of criminals, prisoners can also receive psychiatric treatment for whatever social or mental ills that may have contributed to their decision to commit a crime.
Of course, the reality is that these people have been sentenced to a period of incarceration, perhaps for the rest of their lives. They live on a strict schedule determined by the prison staff: they do not decide what time they wake up, when or what they eat, when or for how long they can exercise. Also, in New York, those convicted of a felony cannot vote while they are in prison or on parole.
Another reality of prison life is that no matter how many rules and regulations are set up by prison staff, there is a criminal subculture that exists in jails that cannot be completely controlled. Gangs flourish in jails and prisoners must often choose a gang in order to be protected. Rape is rampant in jails for both men and women, and prisoners are often attacked or killed by other inmates.
If you are accused of a crime, you are not automatically put into prison (thank goodness!). There is a complex maze of procedural rules that law enforcement and courts must follow from arrest to, and throughout, the trial. Everyone is presumed innocent until proven guilty beyond a reasonable doubt . You would definitely, however, be subject to US law. You may or may not be entitled to bail before your trial: that will be determined by a judge at your arraignment (a hearing which takes place after your arrest). Whether you are granted bail depends on a number of factors, including what you are accused of, whether you have a previous criminal record, and whether you are a flight risk.
If you are an expat and have been accused or convicted of a crime, it may very well result in your deportation (unless you have become a US citizen). Therefore, your criminal record will follow you back to your home country. Likewise, if you have a criminal record in your home country, it will likely prevent you from coming to this country in the first place. In addition, even if you are admitted to the US, it may still affect your chances of finding work here. Many companies now do background checks, and your record will easily be discovered. Also, many work applications ask if you have ever been convicted of a crime: if the potential employer finds out that you have lied on your application, you will most certainly not get the job. You probably will eventually get some sort of work, but it will be more difficult to obtain a job, and it may not be the type of work you want to do.
Driving While Intoxicated
Each year, several thousand people are killed in the United States in alcohol-related accidents. DWI laws, therefore, have become very strict. Penalties include monetary fines, loss of your driver’s licence, even time in jail. Laws vary from state to state, but currently you are legally intoxicated in every state if a breath, blood, urine or saliva test indicates that you have a blood alcohol content (BAC) of .08 or higher. (Please note that while you can refuse to take these tests, if you do you will most likely lose your driver’s licence for at least a year and have to pay $500 to get a new one.)
Never take a DWI charge lightly: you should hire an experienced lawyer and, as with any criminal charge, be aware that a conviction or a guilty plea for any crime may be grounds for deportation if you are not a US citizen. In New York, legal precedent has established that lawyers and judges are not bound to tell you this before you plead guilty.
In New York, DWI offences are included in the Vehicle and Traffic Law. Section 1192-3 is a common law offence. This includes whatever a police officer observes after pulling you over: the smell of alcohol on your breath, if your eyes are bloodshot, if your speech is slurred, if you are driving erratically or are not able to walk a straight line. Section 1192-2 is ‘statutory’, which means your BAC is .08 or higher.
Drug Possession
In 1973, New York enacted the Rockefeller Laws, which include the harshest mandatory minimum sentences for drug possession in the country. These laws have been hotly protested in New York State as being brutally unfair, and there has been a movement to have them repealed. Opponents of these laws claim that they tie the judge’s hands so that they are not able to take the individual circumstances into account when sentencing.
If you are arrested with possession of drugs, the severity of the charge often depends upon the weight of the substance you are carrying. If you are found with a small amount for personal use, then it would be a misdemeanour. If you are found with more, police can charge you with intent to sell, and then you will be charged with a felony, which is much more serious.
Assault
Assault is defined as any harmful touching of another person. It encompasses threatening to injure a person, as well as striking or throwing something at them. If you actually strike the person, you have also committed battery. If someone accuses you of assaulting them and you plead guilty or are convicted at trial, you may very well go to prison. The length of your sentence will depend on several factors, such as the severity of the assault and whether this is your first offence.
Traffic Accidents
If you are in an accident and there are no injuries, you must stop and exchange insurance information. If you have destroyed a parked car, other property or have injured a pet, you must find the owner or call the police. If someone has been killed, you must call the police immediately. You and the police must file an accident report. It is illegal to leave the scene of an accident when someone is hurt or killed. If you are at fault for the accident and someone is hurt or killed you may be arrested, depending on the circumstances. For example, if you were drunk or driving recklessly at excessive speeds, you may be prosecuted for vehicular homicide.
Even if you are not convicted, the family of the deceased can sue you in civil court for wrongful death. If the court finds against you, you may have to pay a significant amount of money. Depending on the amount and the circumstances, your insurance may cover it, but you would have to check this with your individual insurance company.
Traffic & Parking Tickets
There are many rules or regulations concerning driving in the city of New York. Parking spaces are a rare commodity, and you must be diligent, and lucky, in your search for a spot. In addition, you must read posted street signs to be sure you are in a legal spot. If you do get a parking ticket, the penalty can be anywhere from $35 to over $100. If you get a ticket, you can follow the instructions on the ticket and pay with a cheque or money order – if you want to fight the ticket you can go to the traffic court listed on the ticket and argue the case on your own behalf.
Dangerous Areas
As previously mentioned, New York is a fairly safe city: you’ll find that staying safe here is, like everywhere else, 95% common sense. New Yorkers are known for being street smart: they are always aware of their surroundings, especially at night. If you are not familiar with the city, it is best not to venture out aimlessly by yourself at night. This does not mean you cannot run down to the corner deli for a pack of cigarettes, but it is not advisable to go wandering down an empty alleyway at 03:00, unless you are very sure of the neighbourhood, and yourself.
There is an endless list of neighbourhoods in each of the five boroughs, some safe, some not – it would be impossible to describe them all here. Since Manhattan is the centre of New York nightlife, as well as the place where most tourists and other new arrivals go, that is the most important area to cover. The first rule is to remain in places where there are a lot of people out and about – and luckily in Manhattan, these areas are not hard to find. Greenwich Village, for example, is packed with people, year round, until at least 04:00 when the bars close for the night. There are several cabs on every street waiting to take you where you need to go, so you don’t have to walk round looking for transportation.
Petty Crimes
Keeping your personal belongings safe, again, involves common sense. Hold tightly onto your purse, keep it zipped up, don’t keep your wallet in your back pocket. When in a restaurant, don’t hang your purse on the back of the chair – keep it on your lap or on the floor by your feet. If these things are taken, the chances of you getting them back are slim. But with a few small precautions, you can safely enjoy all that the city has to offer.
Getting Arrested
The Fourth Amendment of the US Constitution protects people from unreasonable search and seizure by authorities. Before police can even stop you for questioning, they must have a reasonable suspicion that you have committed, are committing, or about to commit a crime. You can ask if you are under arrest or if you are free to leave. If a police officer reasonably suspects that you are a danger to him or others, he can pat you down, over your clothing, to make sure you do not have any weapons. You are not in police custody at this point and you may leave at any time.
The standard for arrest is even higher: the police cannot arrest you unless they have probable cause. This is a legal standard defined as ‘reasonable cause to believe such person has committed a crime.’ If the police do not have probable cause the arrest is invalid. In many cases the police must have an arrest warrant: this is a document signed by a judge that sets out facts illustrating that probable cause exists. There are circumstances, however, when the arrest must be made immediately and the requirement for a warrant is waived, such as if police catch you in the act of robbing a store, or if they think you are going to dispose of the evidence of a crime.
If you are arrested, this means you are in police custody and are not free to leave. The police must tell you why you are being arrested and advise you of your Miranda Rights. These are rights set out in a US Supreme Court decision of the same name, and they are required in all 50 states. Miranda Rights include the right to remain silent, and therefore not incriminate yourself (the police must also advise you that anything you say can be used against you in a court of law), the right to an attorney (if you cannot afford an attorney, one will be appointed for you), and the right to legal representation, which is protected by the Constitution. If you get arrested, you do not have to answer any questions until you have spoken to your attorney. The moment you request an attorney, your right is said to have ‘attached’, and law enforcement must cease all interrogation. In addition, New York provides the added protection of the ‘indelible right to counsel’. This means that you can waive your right to counsel, only in the presence of counsel.
People are sent to prison for a few different reasons. But prison is also seen as a potential deterrent (if people know they can be sent to prison perhaps they will rethink committing a crime), as well as rehabilitation. Finally, incarceration is used to keep dangerous, repeat offenders off the street in order to protect society.
The American legal system is a balancing act, that of weighing the rights of society with the rights of the individual accused to be treated fairly under the law.
Over the past 15 years, New York City has enjoyed a significant decrease in crime, and has been named, for the past several years, the safest large city in the United States. Indeed, with eight million people, New York is the largest city in the country, as well as the one with the most dense concentration of people in a geographic area.
Prisons
Life behind bars in the US, on paper, may not seem so bad. Prisoners, like everyone in the US, are entitled to a certain amount of rights: they receive three meals a day, medical care, and freedom to practise their religion. There are televisions and libraries. Prisoners can receive an education – some get a high school diploma, college degree, or even a law degree. Many write books in prison. And because the main goal of the prison system is rehabilitation of criminals, prisoners can also receive psychiatric treatment for whatever social or mental ills that may have contributed to their decision to commit a crime.
Of course, the reality is that these people have been sentenced to a period of incarceration, perhaps for the rest of their lives. They live on a strict schedule determined by the prison staff: they do not decide what time they wake up, when or what they eat, when or for how long they can exercise. Also, in New York, those convicted of a felony cannot vote while they are in prison or on parole.
Another reality of prison life is that no matter how many rules and regulations are set up by prison staff, there is a criminal subculture that exists in jails that cannot be completely controlled. Gangs flourish in jails and prisoners must often choose a gang in order to be protected. Rape is rampant in jails for both men and women, and prisoners are often attacked or killed by other inmates.
If you are accused of a crime, you are not automatically put into prison (thank goodness!). There is a complex maze of procedural rules that law enforcement and courts must follow from arrest to, and throughout, the trial. Everyone is presumed innocent until proven guilty beyond a reasonable doubt . You would definitely, however, be subject to US law. You may or may not be entitled to bail before your trial: that will be determined by a judge at your arraignment (a hearing which takes place after your arrest). Whether you are granted bail depends on a number of factors, including what you are accused of, whether you have a previous criminal record, and whether you are a flight risk.
If you are an expat and have been accused or convicted of a crime, it may very well result in your deportation (unless you have become a US citizen). Therefore, your criminal record will follow you back to your home country. Likewise, if you have a criminal record in your home country, it will likely prevent you from coming to this country in the first place. In addition, even if you are admitted to the US, it may still affect your chances of finding work here. Many companies now do background checks, and your record will easily be discovered. Also, many work applications ask if you have ever been convicted of a crime: if the potential employer finds out that you have lied on your application, you will most certainly not get the job. You probably will eventually get some sort of work, but it will be more difficult to obtain a job, and it may not be the type of work you want to do.
Driving While Intoxicated
Each year, several thousand people are killed in the United States in alcohol-related accidents. DWI laws, therefore, have become very strict. Penalties include monetary fines, loss of your driver’s licence, even time in jail. Laws vary from state to state, but currently you are legally intoxicated in every state if a breath, blood, urine or saliva test indicates that you have a blood alcohol content (BAC) of .08 or higher. (Please note that while you can refuse to take these tests, if you do you will most likely lose your driver’s licence for at least a year and have to pay $500 to get a new one.)
Never take a DWI charge lightly: you should hire an experienced lawyer and, as with any criminal charge, be aware that a conviction or a guilty plea for any crime may be grounds for deportation if you are not a US citizen. In New York, legal precedent has established that lawyers and judges are not bound to tell you this before you plead guilty.
In New York, DWI offences are included in the Vehicle and Traffic Law. Section 1192-3 is a common law offence. This includes whatever a police officer observes after pulling you over: the smell of alcohol on your breath, if your eyes are bloodshot, if your speech is slurred, if you are driving erratically or are not able to walk a straight line. Section 1192-2 is ‘statutory’, which means your BAC is .08 or higher.
Drug Possession
In 1973, New York enacted the Rockefeller Laws, which include the harshest mandatory minimum sentences for drug possession in the country. These laws have been hotly protested in New York State as being brutally unfair, and there has been a movement to have them repealed. Opponents of these laws claim that they tie the judge’s hands so that they are not able to take the individual circumstances into account when sentencing.
If you are arrested with possession of drugs, the severity of the charge often depends upon the weight of the substance you are carrying. If you are found with a small amount for personal use, then it would be a misdemeanour. If you are found with more, police can charge you with intent to sell, and then you will be charged with a felony, which is much more serious.
Assault
Assault is defined as any harmful touching of another person. It encompasses threatening to injure a person, as well as striking or throwing something at them. If you actually strike the person, you have also committed battery. If someone accuses you of assaulting them and you plead guilty or are convicted at trial, you may very well go to prison. The length of your sentence will depend on several factors, such as the severity of the assault and whether this is your first offence.
Traffic Accidents
If you are in an accident and there are no injuries, you must stop and exchange insurance information. If you have destroyed a parked car, other property or have injured a pet, you must find the owner or call the police. If someone has been killed, you must call the police immediately. You and the police must file an accident report. It is illegal to leave the scene of an accident when someone is hurt or killed. If you are at fault for the accident and someone is hurt or killed you may be arrested, depending on the circumstances. For example, if you were drunk or driving recklessly at excessive speeds, you may be prosecuted for vehicular homicide.
Even if you are not convicted, the family of the deceased can sue you in civil court for wrongful death. If the court finds against you, you may have to pay a significant amount of money. Depending on the amount and the circumstances, your insurance may cover it, but you would have to check this with your individual insurance company.
Traffic & Parking Tickets
There are many rules or regulations concerning driving in the city of New York. Parking spaces are a rare commodity, and you must be diligent, and lucky, in your search for a spot. In addition, you must read posted street signs to be sure you are in a legal spot. If you do get a parking ticket, the penalty can be anywhere from $35 to over $100. If you get a ticket, you can follow the instructions on the ticket and pay with a cheque or money order – if you want to fight the ticket you can go to the traffic court listed on the ticket and argue the case on your own behalf.
Dangerous Areas
As previously mentioned, New York is a fairly safe city: you’ll find that staying safe here is, like everywhere else, 95% common sense. New Yorkers are known for being street smart: they are always aware of their surroundings, especially at night. If you are not familiar with the city, it is best not to venture out aimlessly by yourself at night. This does not mean you cannot run down to the corner deli for a pack of cigarettes, but it is not advisable to go wandering down an empty alleyway at 03:00, unless you are very sure of the neighbourhood, and yourself.
There is an endless list of neighbourhoods in each of the five boroughs, some safe, some not – it would be impossible to describe them all here. Since Manhattan is the centre of New York nightlife, as well as the place where most tourists and other new arrivals go, that is the most important area to cover. The first rule is to remain in places where there are a lot of people out and about – and luckily in Manhattan, these areas are not hard to find. Greenwich Village, for example, is packed with people, year round, until at least 04:00 when the bars close for the night. There are several cabs on every street waiting to take you where you need to go, so you don’t have to walk round looking for transportation.
Petty Crimes
Keeping your personal belongings safe, again, involves common sense. Hold tightly onto your purse, keep it zipped up, don’t keep your wallet in your back pocket. When in a restaurant, don’t hang your purse on the back of the chair – keep it on your lap or on the floor by your feet. If these things are taken, the chances of you getting them back are slim. But with a few small precautions, you can safely enjoy all that the city has to offer.
Getting Arrested
The Fourth Amendment of the US Constitution protects people from unreasonable search and seizure by authorities. Before police can even stop you for questioning, they must have a reasonable suspicion that you have committed, are committing, or about to commit a crime. You can ask if you are under arrest or if you are free to leave. If a police officer reasonably suspects that you are a danger to him or others, he can pat you down, over your clothing, to make sure you do not have any weapons. You are not in police custody at this point and you may leave at any time.
The standard for arrest is even higher: the police cannot arrest you unless they have probable cause. This is a legal standard defined as ‘reasonable cause to believe such person has committed a crime.’ If the police do not have probable cause the arrest is invalid. In many cases the police must have an arrest warrant: this is a document signed by a judge that sets out facts illustrating that probable cause exists. There are circumstances, however, when the arrest must be made immediately and the requirement for a warrant is waived, such as if police catch you in the act of robbing a store, or if they think you are going to dispose of the evidence of a crime.
If you are arrested, this means you are in police custody and are not free to leave. The police must tell you why you are being arrested and advise you of your Miranda Rights. These are rights set out in a US Supreme Court decision of the same name, and they are required in all 50 states. Miranda Rights include the right to remain silent, and therefore not incriminate yourself (the police must also advise you that anything you say can be used against you in a court of law), the right to an attorney (if you cannot afford an attorney, one will be appointed for you), and the right to legal representation, which is protected by the Constitution. If you get arrested, you do not have to answer any questions until you have spoken to your attorney. The moment you request an attorney, your right is said to have ‘attached’, and law enforcement must cease all interrogation. In addition, New York provides the added protection of the ‘indelible right to counsel’. This means that you can waive your right to counsel, only in the presence of counsel.
