Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo
Fordham Urban Law Journal
The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politic and an acknowledgment that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake?” as …
A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara
A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara
Fordham Urban Law Journal
This Article reviews the law on deceptive interrogation practices, discusses empirical evidence of the role police deception plays in eliciting false confessions and argues that the law should circumscribe interrogation techniques that rely on misrepresentation to induce suspects into incriminating themselves. This Article also asserts that there are good policy reasons, in addition to the increasing exposure of wrongful convictions, which should encourage courts and legislators to proscribe the use of deception by law enforcement in a criminal justice system expressly designed to elicit the truth about a crime.
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Fordham Urban Law Journal
This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.
Policing Post-9/11, Robert J. Louden
Policing Post-9/11, Robert J. Louden
Fordham Urban Law Journal
This paper therefore is an attempt to consider post-September 11 law enforcement activities in the context of organized policing in America. Many concepts and procedures used as illustrations have been undertaken by various police agencies. This demonstrates how previously accepted police practices may be changed in part by reaction to crisis legislation or other influences. New York City programs may or may not serve as benchmarks for other agencies. In these times of threat and response some important factors about preparing police for role change became apparent. First, there is a need to specify the new reality and determine what …
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal
The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …
Stop And Frisk In New York: Fleeing Suspects And Anonymous Tips, Kenneth M. Dorros, Kenneth M. Doros, Kenneth M. Doros, Kenneth M. Doros
Stop And Frisk In New York: Fleeing Suspects And Anonymous Tips, Kenneth M. Dorros, Kenneth M. Doros, Kenneth M. Doros, Kenneth M. Doros
Fordham Urban Law Journal
This Note focuses on two areas of uncertainty: the authority to stop and frisk fleeing suspects and the appropriate grounds to stop and frisk a suspect based on an anonymous tip. Four years ago, the ambiguities of a controversial New York Court of Appeals decision threw the lower courts into disarray as the standard of suspicion necessary to justify a police officer's pursuit of a fleeing suspect. This Note attempts to clarify those ambiguities and suggests a more reasonable approach for adoption by the court of appeals. This Note also explores the extent to which an anonymous tip can serve …
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Fordham Urban Law Journal
The stress of police work is evidenced by high rates of suicide, marital problems, alcoholism, heart disease, and psychosomatic illnesses. Additionally, police are required to carry a gun while off duty. Given these stresses, there is often a heightened risk for unwarranted shootings. However, municipalities are not traditionally liable under respondeat superior for the actions of its police unless a victim was shot by a police officer in very limited set of circumstances. Therefore, few municipalities impose psychological screenings on its police force. This Note proposes that municipalities take greater initiative in monitoring the fitness of its police officers, and, …
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 …
Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor
Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor
Fordham Urban Law Journal
This article contrasts the different approaches to dealing with entrapment: the due process rubric of the New York Court of Appeals and the predisposition framework set forth by the United States Supreme Court. The New York Court of Appeals reliance on government lawlessness rather than the Supreme Court's plurality focus on fourth and fifth amendment violations may cause less uncertainty and provide a better guidepost moving forward.
Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth
Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth
Fordham Urban Law Journal
Thomas G. Roth reviews Denial of Justice: Criminal Process in the United States by Lloyd L. Weinreb. In his book, Lloyd L. Weinreb argues persuasively that American criminal process not only falls short of being the best there is, but it denies us a system which we can properly call "just." Weinreb's work is divided into two sections. The first part, which comprises the bulk of the book, explains how criminal process works and, more significantly, how it has failed to achieve effectively the goals for which it was developed. In the second part, he describes in general theory an …