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Articles 1 - 11 of 11
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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.
Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, Charles E. Maclean, James Berles, Adam Lamparello
Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, Charles E. Maclean, James Berles, Adam Lamparello
Hofstra Law Review
Wrongfully convicted and rightfully exonerated criminal defendants spent, on average, ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable. Prosecutorial misconduct, however, is not the primary cause of wrongful convictions. To begin with, although more than twenty million new adult criminal cases are opened in state and federal courts each year throughout the United States, there have been only 1,281 total exonerations over the last twenty-five years. In only six percentof those cases was prosecutorial misconduct the predominant factor resulting in those wrongful convictions. Of course, although prosecutorial misconduct …
Lawyer-Client Confidentiality: Rethinking The Trilemma, Monroe H. Freedman
Lawyer-Client Confidentiality: Rethinking The Trilemma, Monroe H. Freedman
Hofstra Law Review
The article discusses three ethical obligations which bear on attorney-client confidentiality in America in cases involving client perjury as of 2015, and it mentions how U.S. lawyers are required to learn as much as they can about their clients' cases, inform their clients of a lawyer's obligation to keep information confidential, and reveal confidential information to a court if an attorney knows that a client has committed perjury. The American Bar Association's ethical rules are examined.
Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean D. O'Brien, Kathleen Wayland
Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean D. O'Brien, Kathleen Wayland
Hofstra Law Review
The article presents practical advice for U.S. defense attorneys on the use of narratives to counter the prejudicial psychiatric labels that prosecutors invoke in capital punishment cases, and it mentions implicit bias and decision-making in law. Cognitive psychology is addressed, along with the use of stereotypes and labels such as psychopathy and Antisocial Personality Disorder in order to generate fear. The admissibility of evidence is examined, along with expert evidence in America.
Trying To Get It Right--Ohio, From The Eighties To The Teens, Margery M. Koosed
Trying To Get It Right--Ohio, From The Eighties To The Teens, Margery M. Koosed
Hofstra Law Review
The article discusses the history of the capital punishment (CP) laws and litigation in Ohio as of 2015, and it mentions the Ohio Supreme Court, scrutiny of the state's CP system, and the claim that Texas and Ohio have performed the most executions in America. Justice is addressed in relation to the efforts to improve Ohio's criminal defense services. The U.S. Constitution's Eight and Fourteenth Amendments are examined, along with the CP-related cases Furman v. Georgia and Lockett v. Ohio.
Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Anne Mourer
Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Anne Mourer
Hofstra Law Review
The article discusses the efforts to mitigate what the author refers to as the negative effects that personal belief and bias have on America's criminal justice system as of 2015, and it mentions justice, fairness, and the pre-trial beliefs that prosecutors and defense attorneys have regarding an accused person's guilt or innocence. Probable cause and wrongful convictions are examined, along with the goal of revealing the truth in a judicial proceeding. U.S. legal ethics are also assessed.
Introduction: The Past, Present, And Future Of Effective Defense Representation In Capital Cases, Eric M. Freedman
Introduction: The Past, Present, And Future Of Effective Defense Representation In Capital Cases, Eric M. Freedman
Hofstra Law Review
An introduction is presents in which the author discusses various reports within the journal on topics including advice for U.S. attorneys on how to effectively represent criminal defendants in capital punishment cases, prosecutorial decision making, and performance standards for U.S. lawyers.
The Aba Guidelines: A Historical Perspective, Russell Stetler, Aurélie Tabuteau
The Aba Guidelines: A Historical Perspective, Russell Stetler, Aurélie Tabuteau
Hofstra Law Review
This paper explains how the standards of practice in the development of mitigating evidence -- a core component of capital defense practice -- evolved from the reinstatement of the U.S. death penalty in the 1970s to the publication of the original edition of the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases in 1989.
Trading In The Keys To The Cell For The Keys To Success: Rehabilitating Violent Youthful Offenders In New York State, Ashley N. Guarino
Trading In The Keys To The Cell For The Keys To Success: Rehabilitating Violent Youthful Offenders In New York State, Ashley N. Guarino
Hofstra Law Review
The article discusses several aspects of the efforts to rehabilitate violent youthful offenders in the state of New York as of 2015, and it mentions proposed legislation which would reform New York's juvenile justice system by removing sixteen- and seventeen-year-old non-violent offenders from the state's adult criminal courts and placing them in rehabilitative Adolescent Diversion Parts. Public safety and New York's Family Court Act are examined, as well as the state's criminal laws.
A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach
A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach
Hofstra Law Review
The article discusses a tenant's procedural due process right in Chronic Nuisance Ordinance (CNO) jurisdictions in America, and it mentions a lawsuit involving single mother Lakisha Briggs who was accused of violating Norristown, Pennsylvania's CNO following a disorderly conduct and fighting incident in 2012. According to the article, CNOs are designed to encourage property owners to prevent criminal activity on their properties and to recover the costs associated with police services.
The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott W. Howe
The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott W. Howe
Hofstra Law Review
In its opinion in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010), concerning the incorporation of the Second Amendment, the Supreme Court included a footnote that listed the Eighth Amendment prohibition on excessive bail as one of the incorporated Bill of Rights protections. Oddly, the Court had never incorporated the bail clause or even explained what protections it conferred. While strange, these circumstances provide a rare opportunity to reason backward from incorporation to the meaning of the incorporated provision. And by pursuing those backward implications, the paper offers novel arguments about the proper understanding of the bail clause.
I …