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Reading the SDNY ruling declaring that NY’s gravity knife statute is, under certain circumstances, unconstitutionally vague. A few things stand out—most notably that this litigant pleaded guilty despite a credible constitutional claim.
In addition, on first reading, the court’s ruling doesn’t appear to have solved the due process notice problem. It still allows prosecutions based on whether police can open the knife with a wrist flick, not whether the defendant can (or ever has).
By limiting prosecutions in cases where the knife didn’t open on the police officer’s first or second try, the court’s opinion really just addresses cases where LE is trying hard to arrest the defendant.
Finally, reading through the legislative history description in the case, it is impossible not to see that the problems with this statute arose because NY lawmakers were so concerned about not letting anyone circumvent an old law prohibiting switchblades.
The desire not to allow any “bad” people to go unpunished resulted in a law that openly and obviously applies to lots of innocent citizens doing nothing wrong.
That lopsided balance is chosen far too often in the criminal law. /end
That lopsided balance is chosen far too often in the criminal law. /end
