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Articles 1 - 30 of 35
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Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner
Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner
Fordham Urban Law Journal
This article addresses civil commitment of sexually predatory offenders. It first outlines the most common American approaches to controlling sexual offenders, then details the German concept of Sicherungsverwahrung and greater state control, and finally proposes adopting a modified German approach that assures proportionality and public safety without sacrificing individual liberties. The article concludes by arguing that criminal penalties and safety-based detention should both be seen as elements of social control, which requires that safety measures with clearly punitive components be recognized as part of the punishment process.
Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward
Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward
Fordham Urban Law Journal
This Essay attempts to pull together the various threads of thought regarding the relationships between gender, race, and class within the justice system, and suggests possible patterns that could be used to create holistic images of female offenders. Part I provides a brief overview of the various explanations used over time to account for criminal behavior by women. Part II details the ways in which gender can affect the processes of the criminal justice system. Part III discusses the impact that race can have on the female offender's experience in the system. Part IV briefly overviews the types of influences …
Due Process And Problem Solving Courts, Eric Lane
Due Process And Problem Solving Courts, Eric Lane
Fordham Urban Law Journal
This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.
Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick
Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick
Fordham Urban Law Journal
This article asses what is known and what remains to be understood about problem-solving courts. Specifically, the article asserts that drug courts serve a needy population, court mandated treatment programs have higher retention rates, those who participate longer have better outcomes, those in drug courts had lower rates of recidivism, drug use, and that graduated sanctions have statistically significant impact on offenders behavior, sanctions are crucial to the model's effectiveness, post-program studies are sparse, drug courts are less costly than traditional adjudication, but cost savings for jail and prison beds are less clear. The article also addresses questions that remain …
Life, Liberty, And The Pursuit Of Terrorists: An In-Depth Analysis Of The Government's Right To Classify United States Citizens Suspected Of Terrorism As Enemy Combatants And Try Those Enemy Combatants By Military Comission, Amanda Schaffer
Fordham Urban Law Journal
This Comment explores the government's right to treat citizens as enemy combatants and whether their trials should be by military commissions or by the non-military criminal justice system. It gives background information and explains the source of the government's right to determine enemy combatant status and to use military commissions. This Comment also describes the distinctions between a military trial and a regular criminal trial and explains the status of two cases regarding American citizens declared to be enemy combatants. The Comment goes on to explain why the government wants to use military commissions to try terrorists and the advantages …
Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels
Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels
Fordham Urban Law Journal
State and federal statutory restrictions limit the civil rights of individuals with criminal records and create a barrier to reentry into society. The article explores eight specific areas of restriction: (1) ability to obtain employment, (2) eligibility for public housing, (3) eligibility for public assistance and food stamps, (4) eligibility for student loans, (5) access to records for non-criminal justice purposes, (6) voting rights, (7) drivers' licenses privileges, and (8) rights to be foster and adoptive parents. Finally, the article argues that the government has an obligation ensure fairness and opportunities to reenter society for people with such records.
Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty
Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty
Fordham Urban Law Journal
A review of available statistical information shows the irreversible and detrimental impact on parents and children of family separation due to imprisonment. Specifically, it looks to data on parental incarceration, the impact of incarceration upon families, and the difficulties of remedying the consequences to families of parental incarceration. Finally, the Article argues that alternatives to imprisonment should be used where the parent is not subject to high security confinement and that the parental role should be a relevant factor in sentencing.
"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader
"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader
Fordham Urban Law Journal
This essay will critique the Georgia Justice Project's encouragement of confessions in the context of the secular American justice system via comparison with the treatment of confessions under ancient Jewish law. Specifically, this essay posits that the absolute prohibition on the use of confessions in a legal system firmly rooted in religious values recognizes the danger inherent in combining the act of speaking of one's sins for religious penance with the use of such confessions in the criminal adjudication process. The Jewish legal system avoids these inherent dangers by completely devaluing the accused's confession. The GJP, in contrast, merges the …
Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese
Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese
Fordham Urban Law Journal
This Essay dispels common myths put forward by drug war advocates and describes more effective alternatives available than present policy contemplates. We all want to prevent adolescent drug abuse, protect the health and safety of the community, deny drug profits to terrorists and other criminals, and develop a drug policy that works and is based on our common humanity, as well as on research and reality, rather than myth and rhetoric. The essential paradigm shift that needs to occur is to move away from a policy dominated by law enforcement . . . and toward a policy based on public …
You Have A Right To Remain Silent, Michael Avery
You Have A Right To Remain Silent, Michael Avery
Fordham Urban Law Journal
The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
Fordham Urban Law Journal
A general overview of the journal's progress and publications.
Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin
Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin
Fordham Urban Law Journal
This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …
Due Process And Problem Solving Courts, Eric Lane
Due Process And Problem Solving Courts, Eric Lane
Fordham Urban Law Journal
This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.
Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick
Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick
Fordham Urban Law Journal
This article asses what is known and what remains to be understood about problem-solving courts. Specifically, the article asserts that drug courts serve a needy population, court mandated treatment programs have higher retention rates, those who participate longer have better outcomes, those in drug courts had lower rates of recidivism, drug use, and that graduated sanctions have statistically significant impact on offenders behavior, sanctions are crucial to the model's effectiveness, post-program studies are sparse, drug courts are less costly than traditional adjudication, but cost savings for jail and prison beds are less clear. The article also addresses questions that remain …
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Fordham Urban Law Journal
This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
Fordham Urban Law Journal
An overview of different topics covered by the journal throughout the years.
Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin
Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin
Fordham Urban Law Journal
This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Fordham Urban Law Journal
This article offers a number of suggestions concerning how judges should act in problem solving court contexts to spark the motivation of the individual to achieve rehabilitation and increase compliance with treatment. The proposals are derived from psychological literature in other contexts but further analysis and empirical research is needed. The article finds that therapeutic jurisprudence can contribute to the functioning of problem solving courts which can refine therapeutic jurisprudence approaches.
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
Fordham Urban Law Journal
A general overview of the journal's progress and publications.
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Fordham Urban Law Journal
This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
Fordham Urban Law Journal
An overview of different topics covered by the journal throughout the years.
The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson
The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson
Fordham Urban Law Journal
The Fordham Law Drug Policy Reform Project planned and executed the debate, "America's Oldest War: The Efficacy of United States Drug Policy," on April 23, 2002 at the end of the organization's first year. The goal of the debate was to bring to one forum the leading voices at both ends of the drug policy spectrum. Professor John Nicholas Iannuzzi moderated, giving each speaker three minutes to answer each question from the floor. Over one hundred and twenty professionals, students, and community members attended the debate.
An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson
An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson
Fordham Urban Law Journal
Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …
Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees
Fordham Urban Law Journal
The King County formed the Task Force on the Use of Criminal Sanctions as part of the King County Bar Association's Drug Policy Project to examine current criminal sanctions related to the non-medical use of drugs both in Washington and on the federal level. The founders charged the Task Force with the goal of assessing the effectiveness of criminal sanctions in reducing both illegal drug use and drug-related crime, and assessing the public costs associated with the use of criminal sanctions. The Task Force drew specific conclusions regarding the state response to drug use and the provision of drug addiction …
The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala
The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala
Fordham Urban Law Journal
Although police departments across the country have attempted to ameliorate the hostility between police officers and the cumminity, through careful screening of applicants, minority recruitment, and community policing, police brutality remains a problem within our urban cities. This Essay will first argue that police brutality is largely ignored. Second, it will examine the obstacles facing local and federal prosecutors in obtaining convictions. Then it will compare the advantages and disadvantages of delegating primary responsibility for these cases to the state versus the federal level. Finally, it will argue that, although there are obstacles and advantages for both local and federal …
Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin
Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin
Fordham Urban Law Journal
This Study is one of the first to look at the mentally ill during the pre-arraignment process. The pre-arraignment process is an excellent place to identify individuals with mental health and substance abuse problems, to examine those problems, to consider legal interventions, such as diversion or routing to specialized courts, for instance, drug and mental health courts, and to plan for community mental health, substance abuse, health, and social service interventions. Following a brief review of the literature on rates of substance abuse and mental health problems for ciminal justice populations, the process from arrest to arraignment in Kings County …
It Takes A Region , Angela Glover Blackwell
It Takes A Region , Angela Glover Blackwell
Fordham Urban Law Journal
Suburbanization and sprawl present new issues and challenges of regional inequity and equal opportunity. As awareness of the effects of the impacts of uneven and unhealthy development patterns grow, the debate for dealing with the fallout of sprawl is being taken up and policy agenda is emerging to address smart growth. With the emergence of the region rather than the city as the dominant economic and social geographic unit and key policy changes, the article propounds that the mistakes of the past fifty years can be reversed and regional equity achieved. The article makes it clear that life changes are …
Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey
Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey
Fordham Urban Law Journal
Georgia Justice Project has a unique approach to criminal defense and rehabilitation which is based on a relationship and community-oriented ethic. Focused on only accepting clients who are willing to make a serious commitment to changing their lives, the GJP ensures that the client moves beyond social, emotional and personal challenges that contributed to their legal problems. This article describes the unique factors of the GJP that have contributed to its continued success.
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Fordham Urban Law Journal
This article offers a number of suggestions concerning how judges should act in problem solving court contexts to spark the motivation of the individual to achieve rehabilitation and increase compliance with treatment. The proposals are derived from psychological literature in other contexts but further analysis and empirical research is needed. The article finds that therapeutic jurisprudence can contribute to the functioning of problem solving courts which can refine therapeutic jurisprudence approaches.
Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland
Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland
Fordham Urban Law Journal
This Article identifies and estimates the ecological dynamics of increasing spatial and social concentration of incarcerated individuals in urban neighborhoods using data from New York City between 1985 and 1997. It argues that this dynamic becomes self-sustaining and reinforcing over time. In conclusion, the Article discusses how high incarceration rates impact the relationships between citizens and the law, directly affecting residents and influencing policy preferences of non-residents.