Law Commons^™

Special Problems For Prosecutors In Public Corruption Prosecutions, Mimi Rocah, Carrie Cohen, Steve Cohen, Daniel Cort, Bennett L. Gershman

Pace Law Review

The focus of this panel is not so much on the academic part of McDonnell, the case law. Of course, you’ll hear the name McDonnell and we’ll talk about that.

But we’re trying to talk a little more broadly about public corruption prosecutions in general. Some of these are unique issues. You heard a little bit about them from the former people who have done them, what special unique problems are involved in them and challenges the prosecutors face and what effect, if any.

How Should Congress Respond To Mcdonnell?, David Yassky, Kathleen Clark, Allen Dickerson, Jennifer Rodgers

Pace Law Review

Discussion of question of whether McDonnell was essentially right or wrong. Should Congress act to change the McDonnell rule? Should the Supreme Court reconsider it? What would be an alternative or a better way, if there is one, to approach the question of public corruption prosecution?

How Has Mcdonnell Affected Prosecutors’ Ability To Police Public Corruption? What Are Politicians And Lobbyists Allowed To Do, And What Are Prosecutors Able To Prosecute?, Vincent L. Briccetti, Amie Ely, Alexandra Shapiro, Dan Stein

Pace Law Review

The question posed to the panelists on the first panel is: How has McDonnell affected prosecutors’ ability to police public corruption? What can politicians and lobbyists do and what can prosecutors prosecute?

Primer, Samantha Conway, David Diab, Amanda Fiorilla, Eric Grossfeld

Pace Law Review

Discussion and history of public corruption statutes and the prosecution of public officials through McDonnell v. United States, 136 S. Ct. 2355 (2016).

Introduction, Mimi Rocah

Pace Law Review

On March 9, 2018, the Elisabeth Haub School of Law at Pace University hosted Public Corruption Prosecution After McDonnell, a symposium that brought together law enforcement, practitioners, academics and media that covers these cases to gain insight and input from these disparate groups. The Symposium convened three panels to discuss how McDonnell has affected prosecutors’ ability to police public corruption; to offer legislative responses to McDonnell; and to examine the inherently unique nature of public corruption prosecutions. A central aim of the day-long event was to simultaneously tackle these challenging issues while distilling complex legal analysis in a manner suitable …

New York Breaks Gideon’S Promise, Rebecca King

Pace Law Review

In 1963, the Supreme Court of the United States held that criminal defendants have the constitutional right to counsel, regardless of whether they can afford one, in the famous case of Gideon v. Wainwright. However, statistics, as well as public defense attorneys, reveal that the Supreme Court’s decision has yet to be fulfilled. Part of the problem is due to the system of mass incarceration in the United States. In 2013, the Brennan Center for Justice reported that the prison population reached 2.3 million individuals, compared to the 217,000 inmates imprisoned when Gideon was decided. The American Bar Association estimates …

The Federal Criminal Forfeiture Statute: Reining In The Government’S Previously Unbridled Ability To Seize Pretrial Assets, Kristyn Fleming Francese

Pace Law Review

American organized crime movies are synonymous with a climatic raid and seizure of illegal assets – typically drugs and guns. But what is really encompassed within the Government’s grasp; what are the “illegal assets”? The truth is that the Government has a wide reach and the criminal seizures don’t end when the screen goes black and the credits roll. The Federal Criminal Forfeiture Statute, as applied to RICO and CCE cases, typically entails the forfeiture of any asset connected to the underlying crimes. Given that criminal forfeiture penalties have ethical and constitutional considerations, it is not surprising to learn that …

Safety From Plea-Bargains’ Hazards, Boaz Sangero

Pace Law Review

There is a significant risk—in safety terms, a hazard—that the wide gap between the defendant’s anticipated punishment if convicted at trial and the relatively lighter punishment if he confesses in a plea-bargain will lead not only the guilty but also the innocent to confessing. In practice, only 3% of all federal cases go to trial, and only 6% of state cases. In the remainder, conviction is obtained through plea-bargaining. Indeed, plea-bargains are one of the central mechanisms facilitating false convictions.

In other fields, the meaning of a “safety-critical system” is well understood, and resources are, therefore, invested in modern safety …