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Articles 1 - 25 of 25

Full-Text Articles in Law

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein Dec 2014

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Crawford V. Washington: Reclaiming The Original Meaning Of The Confrontation Clause, Danielle Dupre Dec 2014

Crawford V. Washington: Reclaiming The Original Meaning Of The Confrontation Clause, Danielle Dupre

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Nunez, Yale Pollack Dec 2014

Supreme Court, Kings County, People V. Nunez, Yale Pollack

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman Dec 2014

Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo Dec 2014

Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo

Touro Law Review

No abstract provided.


A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein Dec 2014

A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Butler, Courtney Weinberger Nov 2014

Supreme Court, Bronx County, People V. Butler, Courtney Weinberger

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Paul, Adam D'Antonio Nov 2014

Supreme Court, Bronx County, People V. Paul, Adam D'Antonio

Touro Law Review

No abstract provided.


Appellate Division, First Department, People V. Bradley, Kathleen Egan Nov 2014

Appellate Division, First Department, People V. Bradley, Kathleen Egan

Touro Law Review

No abstract provided.


Not So Fast: I Have Been Deprived Of My Right To Counsel, Elias Arroyo Nov 2014

Not So Fast: I Have Been Deprived Of My Right To Counsel, Elias Arroyo

Touro Law Review

No abstract provided.


You Blew It: The Confrontation Clause & Breathalyzers As Testimonial Evidence, Stephanie Tuorto Nov 2014

You Blew It: The Confrontation Clause & Breathalyzers As Testimonial Evidence, Stephanie Tuorto

Touro Law Review

No abstract provided.


Speedy Trial As A Viable Challenge To Chronic Underfunding In Indigent-Defense Systems, Emily Rose Nov 2014

Speedy Trial As A Viable Challenge To Chronic Underfunding In Indigent-Defense Systems, Emily Rose

Michigan Law Review

Across the country, underresourced indigent-defense systems create delays in taking cases to trial at both the state and federal levels. Attempts to increase funding for indigent defense by bringing ineffective assistance of counsel claims have been thwarted by high procedural and substantive hurdles, and consequently these attempts have failed to bring significant change. This Note argues that, because ineffective assistance of counsel litigation is most likely a dead end for system-wide reform, indigent defenders should challenge the constitutionality of underfunding based on the Sixth Amendment guarantee of speedy trial. Existing speedy trial jurisprudence suggests that the overworking and furloughing of …


Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman Jun 2014

Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Family Court, Queens County, In Re German F. And Hector R., Angelique Hermanowski May 2014

Family Court, Queens County, In Re German F. And Hector R., Angelique Hermanowski

Touro Law Review

No abstract provided.


Supreme Court, Queens County, People V. Tam, Elaine Yang May 2014

Supreme Court, Queens County, People V. Tam, Elaine Yang

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese May 2014

Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese

Touro Law Review

No abstract provided.


County Court, Nassau County, People V. Osbourne, Diane Matero May 2014

County Court, Nassau County, People V. Osbourne, Diane Matero

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Ramchair, Joseph Maehr May 2014

Court Of Appeals Of New York - People V. Ramchair, Joseph Maehr

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Nieves-Andino, Jason Gines May 2014

Court Of Appeals Of New York - People V. Nieves-Andino, Jason Gines

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Gajadhar, Joseph Maehr May 2014

Court Of Appeals Of New York - People V. Gajadhar, Joseph Maehr

Touro Law Review

No abstract provided.


Making The Right Call For Confrontation At Felony Sentencing, Shaakirrah R. Sanders Apr 2014

Making The Right Call For Confrontation At Felony Sentencing, Shaakirrah R. Sanders

University of Michigan Journal of Law Reform

Felony sentencing courts have discretion to increase punishment based on un-cross-examined testimonial statements about several categories of uncharged, dismissed, or otherwise unproven criminal conduct. Denying defendants an opportunity to cross-examine these categories of sentencing evidence undermines a core principle of natural law as adopted in the Sixth Amendment: those accused of felony crimes have the right to confront adversarial witnesses. This Article contributes to the scholarship surrounding confrontation rights at felony sentencing by cautioning against continued adherence to the most historic Supreme Court case on this issue, Williams v. New York. This Article does so for reasons beyond the unacknowledged …


One Less Juror: A Defendant's Right To Juror Substitution, Luzan Moore Mar 2014

One Less Juror: A Defendant's Right To Juror Substitution, Luzan Moore

Touro Law Review

No abstract provided.


Choose Your Own Path: A Defendant's Constitutional Right To Legal Representation, Luzan Moore Mar 2014

Choose Your Own Path: A Defendant's Constitutional Right To Legal Representation, Luzan Moore

Touro Law Review

No abstract provided.


Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?, Andrew Dalack Jan 2014

Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?, Andrew Dalack

Michigan Journal of Race and Law

Our criminal justice system is founded upon a belief that one is innocent until proven guilty. This belief is what foists the burden of proving a person’s guilt upon the government and belies a statutory presumption in favor of allowing a defendant to remain free pending trial at the federal level. Though there are certainly circumstances in which a federal magistrate judge may—and sometimes must—remand a defendant to jail pending trial, it is well-settled that pretrial detention itself inherently prejudices the quality of a person’s defense. In some cases, a defendant’s pretrial conditions become so onerous that they become punitive …


Charm City Televised & Dehumanized: How Cctv Bail Reviews Violate Due Process, Edie Fortuna Cimino, Zina Makar, Natalie Novak Jan 2014

Charm City Televised & Dehumanized: How Cctv Bail Reviews Violate Due Process, Edie Fortuna Cimino, Zina Makar, Natalie Novak

University of Baltimore Law Forum

On May 28, 2013, Torrey Johnson5 struggles to raise both his hands, handcuffed and seated shoulder-to-shoulder between two other defendants in the first row of the closed circuit television (“CCTV” or “videoconference”) bail review hearing room within the Baltimore Central Booking and Intake Center (“Centeral Booking”). There are two more rows of defendants behind Mr. Johnson, all in yellow jumpsuits, being watched by correctional officers. Separated by a three-foot wall, Mr. Johnson’s public defender sits out of sight from the video camera’s field of view, about ten feet away from her client. The judge quickly reads through Mr. Johnson’s rights. …