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I recently have encountered a friend who has been charged with harassment in the State of New York. Essentially the criminal complaint of harassment carries only a penalty of a violation (not even a misdemeanor) with penalties of a few days in jail or a small fine.

So far, in my research I have found that the NYS Court of Appeals has struck down a former portion of the NYS Harassment statute in a case called People v. Dietze.

In Dietze, it was determined that calling a woman a bitch and her daughter who was mentally deficient a hor, and stating that some day or night out on the street I am going to get you did not constitute harassment and that the statute was unconstitutionally vague.

To me, given the 1st Amendment rights of Free Speech, to tell someone the work FUCK in any context, other than the context that the speaker intends to do physical harm to the victim, cannot be made criminal under any strech of the imagination.

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It is well settled law that if a public official under color of State Law deprives a person of their civil rights (in this case the First Amendment right under the US Constitution), the person detained/arrest may have the right to sue the public officials under 4 USC section 18 as well as common law false arrest and unlawful imprisonment.

The problems that exist in the United States of America is that people allow law enforcement agencies to walk all over their civil and other rights without vigorously defending themselves.

In my friends case, the maximum penalty is something like fifteen (15) days in the county jail and/or a fine of about $100! In order to vigorously defend such a matter, he would probably end up spending at least twenty times that amount, and of course, the time that he might face in jail he would loose from work adds to a general feeling by most reasonable people is to try to work out a deal with the prosecutor as opposed to vigorously fighting the charge and following up with litigation either in state or federal courts (or both).

Last but not least is that most people are unable to handle themselves in both a criminal or civil court involving pretrial motions, discovery, suppression hearings, and all of the other things that go with either defending or prosecuting such a case. As a result, people give in.

I am continuing to research this point and will come back to this web site when finished. Dont have any yet!

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