By Michael J. Caggianelli
Before attending law school, he earned a bachelor’s degree in Criminal Justice from the University at Albany, SUNY. He also worked as a student research assistant at the Office of the New York State Attorney General, aiding staff members at the Robert Abrams Law Library in downtown Albany.
During law school, Michael served as an Article Editor for Volume 18 of the Government Law Review. He also interned at the Saratoga County District Attorney’s Office, including as a student in the Domestic Violence Prosecution Hybrid (DVPH) Clinic. Following these experiences, Michael interned at the New York State Education Department’s Office of Professional Discipline and collaborated with attorneys from the New York State Office for the Prevention of Domestic Violence.
Upon his admission to the bar, Michael will begin his legal career as an Assistant District Attorney, returning to the Saratoga County District Attorney’s Office.
Throughout its history as the state of New York’s highest judicial body, the Court of Appeals has been tasked with addressing appellate issues in cases of all areas of law. However, no type of proceeding is more essential to the field of constitutional law than that of a criminal appeal. Indeed, the court’s rulings on procedural issues and matters of due process determine whether government actors protected and abided by a defendant’s constitutional rights throughout the criminal justice process.
Upon his appointment to the Court of Appeals in 1987, Judge Joseph Bellacosa swiftly asserted himself as an independent voice on the state’s highest court. In criminal cases, Bellacosa often aligned staunchly with the interests of the police and prosecutors. Due to his outspoken nature, he sometimes found himself dissenting alone in favor of law enforcement.
Despite this tendency, Bellacosa sometimes confronted cases where the state’s violations of due process were too excessive or a trial court’s error fell well beyond that of a “harmless error,” thereby necessitating the reversal of a conviction. He also displayed a sensitivity to the plight of crime victims and sought to promote their rights when possible.
This paper seeks to examine Judge Bellacosa’s efforts to protect the rights of others involved in the criminal justice process, including those of the accused and victims of crime, to determine the scope and limits of Bellacosa’s attitudes towards law enforcement.
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To read the paper, open HERE.
