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Full-Text Articles in Law
The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola
The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola
Pace Law Review
The tragic and unsettling story of Kalief Browder has notably emerged as a prominent illustration of our criminal justice system’s historical failure to protect our youth. Kalief’s story gained massive media attention with the help of a TIME documentary series featured on Netflix and famous A-listers such as music artist Jay-Z and TV host Rosie O’Donnell. It is hard to ignore the fact that Kalief Browder was cheated by the system; he chose suicide to escape his demons, which developed after undeserved time spent at Riker’s – a place he would have never experienced had he initially been tried as …
New York Breaks Gideon’S Promise, Rebecca King
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 …
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian
Pace Law Review
Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …
When Are The People Ready? The Interplay Between Facial Sufficiency And Readiness Under Cpl Section 30.30, John H. Wilson
When Are The People Ready? The Interplay Between Facial Sufficiency And Readiness Under Cpl Section 30.30, John H. Wilson
Pace Law Review
In this article, we will explore the intersecting concepts of conversion, facial sufficiency, and readiness. As we shall see, readiness for trial does not necessarily follow from the conversion of a complaint and dismissal on CPL section 30.30 grounds does not necessarily follow from a finding of facial insufficiency.
Actual Innocence After Friedman V. Rehal: The Second Circuit Pursues A New Mechanism For Seeking Justice In Actual Innocence Cases, Jonathan M. Kirshbaum
Actual Innocence After Friedman V. Rehal: The Second Circuit Pursues A New Mechanism For Seeking Justice In Actual Innocence Cases, Jonathan M. Kirshbaum
Pace Law Review
No abstract provided.
An Illusory Right To Appeal: Substantial Constitutional Questions At The New York Court Of Appeals, Meredith R. Miller
An Illusory Right To Appeal: Substantial Constitutional Questions At The New York Court Of Appeals, Meredith R. Miller
Pace Law Review
No abstract provided.
The Mandatory Arrest Law: Police Reaction, Kevin Walsh
The Mandatory Arrest Law: Police Reaction, Kevin Walsh
Pace Law Review
The mandatory arrest requirement in certain domestic violence situations is unique, due to the fact that no other class of offense requires arrest. The Criminal Procedure Law states that a police officer "may arrest" for all other classes of offenses. The new subdivision states that a police officer "shall arrest a person, and shall not attempt to reconcile the parties or mediate .... ." The use of the word "shall," in contrast to "may," indicates obligation or necessity. Why has this class of offenses been singled out for mandatory arrest? What factors brought this mandatory arrest law about?