by sceley » Fri Nov 18, 2011 7:25 am
1. No, in NY I believe it is governed by statute, not common law. But you better check on that.
2. No, because if you can convict someone without having the witnesses testimony, then sure. But Yes, if they want to use those witness's statements against them in court. However there are exceptions for non-testimonial evidence that otherwise would not be overly prejudicial. For example, if someone threatens a witness or kills them for the purpose to prevent them from testifying, that is an exception. And it happened to be created in NY because mobsters were killing witnesses, and that was be against public policy to let them get away with that.
3. Yes, as long as it's purpose has a legitimate public purpose, there are ample alternatives, and is not made to solely hinder speech.
4. Yes, legally speaking yes, although some people may say the death penalty is inhumane.
5. Yes, for necessaries but if they contract for anything else, if the minor wants to retract his/her contractual duties, they can, and it would not be legally enforceable. However, if a minor makes a contract and does not retract it after a reasonable time after reaching the age of majority (18) then the contract is considered ratified and therefore can be enforceable.