Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 18 of 18
Full-Text Articles in Entire DC Network
Actual Innocence In New York: The Curious Case Of People V. Hamilton, Benjamin E. Rosenberg
Actual Innocence In New York: The Curious Case Of People V. Hamilton, Benjamin E. Rosenberg
Res Gestae
It is rare for a case from the New York Appellate Division to be as significant as People v. Hamilton. The case, however, was the first New York appellate court decision to hold that a defendant might vacate his conviction if he could demonstrate that he was “actually innocent” of the crime of which he was charged. Although the precedential force of the decision is limited to the Second Department, trial courts throughout the state are required to follow Hamilton unless or until the appellate court in their own Department rules on the issue. Courts throughout the state are …
A Comparison Of Criminal Jury Decision Rules In Democratic Countries, Ethan J. Leib
A Comparison Of Criminal Jury Decision Rules In Democratic Countries, Ethan J. Leib
Faculty Scholarship
This paper furnishes jury system information about the twenty-eight democracies (excluding the United States) that have been consistently democratic since at least the early 1990s and have a population of five million people or more (with allowance for Mexico and South Africa). I describe general rules that do not always apply to every crime in every context. In the United States, for example, we tend to use a randomly-selected jury of twelve people that sits for a single case; laws generally require unanimity to convict and unanimity to acquit. Failure to reach unanimity results in a “hung” jury, with the …
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Fordham Urban Law Journal
On October 18, 2003, more than one hundred professionals from the five boroughs of New York City came together to identify, evaluate, and begin to solve some of the complex problems embedded in the culture, operations, and practice in New York City's Criminal Courts. The conference planners focused on five problems that have undermined the pursuit of justice in New York City’s Criminal Court system for decades. The first group, Arraignment Norms, Practices and Culture, targeted professionalism and justice at the first and often last court appearance for people arrested and charged with misdemeanor crimes in New York City. The …
Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard
Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard
Fordham Urban Law Journal
Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …
An Argument Against The Arbitrary Acceptance Of Guilty Pleas As Statements Against Interest, Mary Cecilia Sweeney-Kwok
An Argument Against The Arbitrary Acceptance Of Guilty Pleas As Statements Against Interest, Mary Cecilia Sweeney-Kwok
Fordham Law Review
No abstract provided.
Towards A Common Law Of Sentencing: Developing Judicial Precedent In Cyberspace , Robert W. Sweet, D. Evan Van Hook, Edward V. Di Lello
Towards A Common Law Of Sentencing: Developing Judicial Precedent In Cyberspace , Robert W. Sweet, D. Evan Van Hook, Edward V. Di Lello
Fordham Law Review
No abstract provided.
Reconceptualizing The Joint Defense Doctrine , Deborah Stavile Bartel
Reconceptualizing The Joint Defense Doctrine , Deborah Stavile Bartel
Fordham Law Review
No abstract provided.
Congress Opens A Pandora's Box - The Restitution Provisions Of The Victim And Witness Protection Act Of 1982, Lorraine Slavin, David J. Sorin
Congress Opens A Pandora's Box - The Restitution Provisions Of The Victim And Witness Protection Act Of 1982, Lorraine Slavin, David J. Sorin
Fordham Law Review
No abstract provided.
Waiver Of Jury Trials In Federal Criminal Cases: A Reassessment Of The "Prosecutorial Veto", Fred Anthony Decicco
Waiver Of Jury Trials In Federal Criminal Cases: A Reassessment Of The "Prosecutorial Veto", Fred Anthony Decicco
Fordham Law Review
No abstract provided.
The Expanding Right To Counsel In New York, Debra M. Zverins
The Expanding Right To Counsel In New York, Debra M. Zverins
Fordham Urban Law Journal
A series of recent New York Court of Appeals decisions have upheld the right of a criminal suspect to have the assistance of an attorney at every stage of legal proceedings against him. This approach is considered by some to be problematic, imposing onerous burdens on police which impede effective law enforcement. This Note discusses the criminal defendant's pre-trial right to counsel in New York. Section II outlines the historical development of this fundamental right. Judicial expansions of the pre-trial right to counsel, including the People v. Bartolomeo decision, are analyzed in Section III with a view toward their effect …
Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand
Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand
Fordham Urban Law Journal
The National Crime Information Center (NCIC) is the most comprehensive computerized system for storing criminal justice information. It is managed by the FBI, but is used at the federal, state, and local level as an investigative tool. The use of computerized criminal information has raised questions in cases where an arrest was made relying on computer information which later proved to have been inaccurate. This Note discusses the fourth amendment implications of arrest based on inaccurate computer information and articulates the circumstances under which such an arrest should be upheld. NCIC safeguards are discussed and it is recommended that the …
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Fordham Law Review
No abstract provided.
Possession And Presumptions: The Plight Of The Passenger Under The Fourth Amendment, Robert A. Gaynor
Possession And Presumptions: The Plight Of The Passenger Under The Fourth Amendment, Robert A. Gaynor
Fordham Law Review
No abstract provided.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Torts In Sports--Deterring Violence In Professional Athletics, Stephen J. Gulotta, Jr.
Fordham Law Review
No abstract provided.
The Petty Offense Exception And The Right To A Jury Trial, Robert P. Connolly
The Petty Offense Exception And The Right To A Jury Trial, Robert P. Connolly
Fordham Law Review
No abstract provided.
The Petty Offense Exception And The Right To A Jury Trial, Robert P. Connolly
The Petty Offense Exception And The Right To A Jury Trial, Robert P. Connolly
Fordham Law Review
No abstract provided.
The Speedy Trial Act: An Empirical Study, Linda M. Ariola, Deborah A. Demasi, Edward D. Loughman Iii, Timothy G. Reynolds
The Speedy Trial Act: An Empirical Study, Linda M. Ariola, Deborah A. Demasi, Edward D. Loughman Iii, Timothy G. Reynolds
Fordham Law Review
No abstract provided.
Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga
Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga
Fordham Urban Law Journal
Historically, Anglo-American law has jealously guarded the right of an accused to have a speedy trial in a criminal prosecution. It is extended to defendants in federal cases by the sixth amendment to the Constitution. Through incorporation into the fourteenth amendment, the protection is likewise available to defendants in state prosecutions. Notwithstanding constitutional provisions and Supreme Court decisions, the concept of a speedy trial has always been ambiguous. Until recent times it has been considered a matter that could only be defined in the context of the special circumstances of individual cases. The right was said to be “consistent with …