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Articles 1 - 22 of 22
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The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown
The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown
Hofstra Law Review
No abstract provided.
Eradicating Assembly-Line Justice: An Opportunity Lost By The Revised American Bar Association Criminal Justice Standards, Steve Zeidman
Eradicating Assembly-Line Justice: An Opportunity Lost By The Revised American Bar Association Criminal Justice Standards, Steve Zeidman
Hofstra Law Review
No abstract provided.
Here Comes The Judge: A Model For Judicial Oversight And Regulation Of The Brady Disclosure Duty, Cynthia E. Jones
Here Comes The Judge: A Model For Judicial Oversight And Regulation Of The Brady Disclosure Duty, Cynthia E. Jones
Hofstra Law Review
No abstract provided.
Symposium Introduction, Ellen Yaroshefsky
Symposium Introduction, Ellen Yaroshefsky
Hofstra Law Review
On April 5–6, 2017, the Monroe H. Freedman Institute for the Study of Legal Ethics hosted its inaugural Symposium, Judicial Responsibility for Justice in Criminal Courts. This unique two-day Symposium brought together the country’s thought leaders from the bench, the academy, prosecutors’ offices, and the defense bar to engage in interactive discussion to examine the role of judges in criminal courts. The Conference goal was to propose concrete suggestions for changes in judicial role, rules, and culture to improve criminal courts.
For years, numerous organizations and individuals have focused upon aspects of the dysfunction of the criminal justice system, primarily …
Symposium Introduction, Norman L. Reimer
Symposium Introduction, Norman L. Reimer
Hofstra Law Review
In the American justice system, the judge controls the court. All the trappings of courtroom decorum underscore this power. The judge is usually placed front and center, often on a raised platform. Everyone present is expected to rise when the judge enters the room. The audience is required to be silent. Lawyers are expected to rise when speaking to judges, and to address them with an honorific. Wanton disrespect may result in disciplinary action or contempt proceedings. These protocols of honor and deference are emblematic of the judge’s supreme authority and power to control what happens in the court proceedings. …
Judicial Responsibility For Justice In Criminal Courts, Lisa Foster
Judicial Responsibility For Justice In Criminal Courts, Lisa Foster
Hofstra Law Review
No abstract provided.
Judges Need To Exercise Their Responsibility To Require That Eligible Defendants Have Lawyers, Robert C. Boruchowitz
Judges Need To Exercise Their Responsibility To Require That Eligible Defendants Have Lawyers, Robert C. Boruchowitz
Hofstra Law Review
No abstract provided.
Informed Misdemeanor Sentencing, Jenny Roberts
Informed Misdemeanor Sentencing, Jenny Roberts
Hofstra Law Review
No abstract provided.
The Culture Of Misdemeanor Courts, Jessica A. Roth
The Culture Of Misdemeanor Courts, Jessica A. Roth
Hofstra Law Review
The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …
Judges As Bullies, Abbe Smith
A Judge's Duty To Do Justice: Ensuring The Accused's Right To The Effective Assistance Of Counsel, Peter A. Joy
A Judge's Duty To Do Justice: Ensuring The Accused's Right To The Effective Assistance Of Counsel, Peter A. Joy
Hofstra Law Review
No abstract provided.
Surveying Justice, Keith Swisher
In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman
In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman
Hofstra Law Review
I’ve chosen to honor Monroe Freedman’s iconic essay on the hardest questions for a criminal defense attorney by posing the same question for prosecutors. What is the hardest question for a prosecutor? This in itself is a hard question. The thousands of federal, state, and local prosecutors in the country would likely give widely varying responses – discretionary charging, immunity grants, bargained pleas, unreliable witnesses, police testimony, and disclosure duties, for starters. Too, prosecutors are not a generic group. Just as some defense lawyers might recoil or be indifferent to Freedman’s provocative thesis, so might many prosecutors reject or be …
Candor In Criminal Advocacy, Bruce A. Green
Candor In Criminal Advocacy, Bruce A. Green
Hofstra Law Review
This Article, in Monroe Freedman’s memory, examines prosecutors' and criminal defense lawyers' duties of candor to the court, focusing on candor in the narrow sense: i.e., disclosure of relevant information. After looking generally at lawyers' duties of candor, and then specifically at lawyers' duties of candor in criminal cases, the article explores two hard questions of candor to the court in the criminal sentencing context -- one involving a prosecutor's duty and the other involving criminal defense lawyer's duty. The exploration shows the wisdom of Freedman's insight that hard candor questions - and hard ethics questions generally - cannot be …
In Defense Of The Devil's Advocate, Lonnie T. Brown Jr.
In Defense Of The Devil's Advocate, Lonnie T. Brown Jr.
Hofstra Law Review
Among the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who undertake morally questionable representations have a duty to explain or justify their choice of client. Specifically, in 1993 Professor Freedman penned a well-known column in the Legal Times — titled “Must You Be the Devil’s Advocate?” — in which he took Professor Michael Tigar to task for his representation of reputed Nazi war criminal John Demjanjuk. Professor Freedman tacitly criticized Professor Tigar for his client choice and expressly called upon him …
Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd
Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd
Hofstra Law Review
No abstract provided.
Do Prosecutors Really Matter?: A Proposal To Ban One-Sided Bail Hearings, Sandra Guerra Thompson
Do Prosecutors Really Matter?: A Proposal To Ban One-Sided Bail Hearings, Sandra Guerra Thompson
Hofstra Law Review
In about half of all local jurisdictions today, arrested individuals face a judge at a bail hearing without the assistance of counsel, and in many of those jurisdictions, prosecutors may appear on behalf of the state. This article questions whether prosecutors can function as “ministers of justice” within the context of a one-sided proceeding where defendants appear without counsel. The ABA Standards for Criminal Justice: Prosecution and Defense Function apparently took the position of preferring the presence of prosecutors in all cases, even those in which a party appears without counsel. The rules assign prosecutors in those cases to protect …
Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley
Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley
Hofstra Law Review
What makes an ethical question “hard”? Monroe Freedman’s “Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions” assessed hard questions about discrediting truthful witnesses, presenting perjured testimony and providing advice that may prompt the client to lie. It also, however, created a framework for analyzing ethical problems, for knowing when a question is hard, and both what has to be done to answer a hard question and to defend the answer. This paper articulates that framework. It argues that hard questions arise from unresolvable conflicts either between the lawyer’s professional and personal moral obligations, or between different aspects …
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
Hofstra Law Review
No abstract provided.
Duty Of Outrage: The Defense Lawyer's Obligation To Speak Truth To Power To The Prosecutor And The Court When The Criminal Justice System Is Unjust, Ellen C. Yaroshefsky
Duty Of Outrage: The Defense Lawyer's Obligation To Speak Truth To Power To The Prosecutor And The Court When The Criminal Justice System Is Unjust, Ellen C. Yaroshefsky
Hofstra Law Review
No abstract provided.
Monroe Freedman's Influence On Legal Education, Peter A. Joy
Monroe Freedman's Influence On Legal Education, Peter A. Joy
Hofstra Law Review
Monroe Freedman’s influence on legal education was profound by any measure. He was much more than a gifted scholar and teacher, though he was all of those, as well as an accomplished lawyer. He was also the antithesis of a law professor disconnected from the practice of law who produces scholarship that has little to no relationship to the practice of law. Instead, Monroe Freedman’s scholarship was singularly focused on the difficult ethical issues lawyers face in the practice of law, and he was fully engaged with the practicing bar. Much of his scholarship was on the leading edge of …
Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney
Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney
Hofstra Law Review
No abstract provided.