Law Commons^™

Artificial Intelligence In The Criminal Justice System: The Ethical Implications Of Lawyers Using Ai, Taylor Brodsky

Hofstra Law Student Works

No abstract provided.

The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown

Hofstra Law Review

No abstract provided.

Here Comes The Judge: A Model For Judicial Oversight And Regulation Of The Brady Disclosure Duty, Cynthia E. Jones

Hofstra Law Review

No abstract provided.

Eradicating Assembly-Line Justice: An Opportunity Lost By The Revised American Bar Association Criminal Justice Standards, Steve Zeidman

Hofstra Law Review

No abstract provided.

Symposium Introduction, Ellen Yaroshefsky

Hofstra Law Review

On April 5–6, 2017, the Monroe H. Freedman Institute for the Study of Legal Ethics hosted its inaugural Symposium, Judicial Responsibility for Justice in Criminal Courts. This unique two-day Symposium brought together the country’s thought leaders from the bench, the academy, prosecutors’ offices, and the defense bar to engage in interactive discussion to examine the role of judges in criminal courts. The Conference goal was to propose concrete suggestions for changes in judicial role, rules, and culture to improve criminal courts.

For years, numerous organizations and individuals have focused upon aspects of the dysfunction of the criminal justice system, primarily …

Symposium Introduction, Norman L. Reimer

Hofstra Law Review

In the American justice system, the judge controls the court. All the trappings of courtroom decorum underscore this power. The judge is usually placed front and center, often on a raised platform. Everyone present is expected to rise when the judge enters the room. The audience is required to be silent. Lawyers are expected to rise when speaking to judges, and to address them with an honorific. Wanton disrespect may result in disciplinary action or contempt proceedings. These protocols of honor and deference are emblematic of the judge’s supreme authority and power to control what happens in the court proceedings. …

Judicial Responsibility For Justice In Criminal Courts, Lisa Foster

Hofstra Law Review

No abstract provided.

Judges Need To Exercise Their Responsibility To Require That Eligible Defendants Have Lawyers, Robert C. Boruchowitz

Hofstra Law Review

No abstract provided.

A Judge's Duty To Do Justice: Ensuring The Accused's Right To The Effective Assistance Of Counsel, Peter A. Joy

Hofstra Law Review

No abstract provided.

Informed Misdemeanor Sentencing, Jenny Roberts

Hofstra Law Review

No abstract provided.

The Culture Of Misdemeanor Courts, Jessica A. Roth

Hofstra Law Review

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …

Judges As Bullies, Abbe Smith

Hofstra Law Review

No abstract provided.

Surveying Justice, Keith Swisher

Hofstra Law Review

No abstract provided.

In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman

Hofstra Law Review

I’ve chosen to honor Monroe Freedman’s iconic essay on the hardest questions for a criminal defense attorney by posing the same question for prosecutors. What is the hardest question for a prosecutor? This in itself is a hard question. The thousands of federal, state, and local prosecutors in the country would likely give widely varying responses – discretionary charging, immunity grants, bargained pleas, unreliable witnesses, police testimony, and disclosure duties, for starters. Too, prosecutors are not a generic group. Just as some defense lawyers might recoil or be indifferent to Freedman’s provocative thesis, so might many prosecutors reject or be …

Candor In Criminal Advocacy, Bruce A. Green

Hofstra Law Review

This Article, in Monroe Freedman’s memory, examines prosecutors' and criminal defense lawyers' duties of candor to the court, focusing on candor in the narrow sense: i.e., disclosure of relevant information. After looking generally at lawyers' duties of candor, and then specifically at lawyers' duties of candor in criminal cases, the article explores two hard questions of candor to the court in the criminal sentencing context -- one involving a prosecutor's duty and the other involving criminal defense lawyer's duty. The exploration shows the wisdom of Freedman's insight that hard candor questions - and hard ethics questions generally - cannot be …

In Defense Of The Devil's Advocate, Lonnie T. Brown Jr.

Hofstra Law Review

Among the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who undertake morally questionable representations have a duty to explain or justify their choice of client. Specifically, in 1993 Professor Freedman penned a well-known column in the Legal Times — titled “Must You Be the Devil’s Advocate?” — in which he took Professor Michael Tigar to task for his representation of reputed Nazi war criminal John Demjanjuk. Professor Freedman tacitly criticized Professor Tigar for his client choice and expressly called upon him …

Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd

Hofstra Law Review

No abstract provided.

Monroe Freedman And The Morality Of Dishonesty: Multidimensional Legal Ethics As A Cold War Imperative, Norman I. Silber

Hofstra Law Review

This Article reaches into the personal history of Monroe Freedman, a pioneer in multi-dimensional legal ethics, to advance an explanation for his advocacy and his signal contributions to legal ethics - particularly his landmark article of 1966, Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, where he inquired into situations in which candor might not be either moral or professional. It argues that his outspoken defense of lying as sometimes necessary and even moral behavior in the adversary system should be understood as an outgrowth of his early religious perspective about the nature of moral obligations, as …

Do Prosecutors Really Matter?: A Proposal To Ban One-Sided Bail Hearings, Sandra Guerra Thompson

Hofstra Law Review

In about half of all local jurisdictions today, arrested individuals face a judge at a bail hearing without the assistance of counsel, and in many of those jurisdictions, prosecutors may appear on behalf of the state. This article questions whether prosecutors can function as “ministers of justice” within the context of a one-sided proceeding where defendants appear without counsel. The ABA Standards for Criminal Justice: Prosecution and Defense Function apparently took the position of preferring the presence of prosecutors in all cases, even those in which a party appears without counsel. The rules assign prosecutors in those cases to protect …

Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley

Hofstra Law Review

What makes an ethical question “hard”? Monroe Freedman’s “Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions” assessed hard questions about discrediting truthful witnesses, presenting perjured testimony and providing advice that may prompt the client to lie. It also, however, created a framework for analyzing ethical problems, for knowing when a question is hard, and both what has to be done to answer a hard question and to defend the answer. This paper articulates that framework. It argues that hard questions arise from unresolvable conflicts either between the lawyer’s professional and personal moral obligations, or between different aspects …

The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis

Hofstra Law Review

No abstract provided.

Duty Of Outrage: The Defense Lawyer's Obligation To Speak Truth To Power To The Prosecutor And The Court When The Criminal Justice System Is Unjust, Ellen C. Yaroshefsky

Hofstra Law Review

No abstract provided.

Monroe Freedman's Influence On Legal Education, Peter A. Joy

Hofstra Law Review

Monroe Freedman’s influence on legal education was profound by any measure. He was much more than a gifted scholar and teacher, though he was all of those, as well as an accomplished lawyer. He was also the antithesis of a law professor disconnected from the practice of law who produces scholarship that has little to no relationship to the practice of law. Instead, Monroe Freedman’s scholarship was singularly focused on the difficult ethical issues lawyers face in the practice of law, and he was fully engaged with the practicing bar. Much of his scholarship was on the leading edge of …

Monroe Freedman: The Ethicist Of The Non-Ideal, W. Bradley Wendel

Hofstra Law Review

The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions Freedman's role as a legal ethicist, attorney-client relations, and Freedman's work in the development of theoretical legal ethics in the U.S.

The Essential Monroe Freedman, In Four Works, Michael Tigar

Hofstra Law Review

The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions four of the law review articles that Freedman composed and published which address topics such as the practice of law, prosecutorial ethics, and capital punishment attorneys and judges

Midtown With Monroe, James Sample

Hofstra Law Review

The article celebrates the life and career of the late American law teacher Monroe Freedman, and it mentions a judicial recusal debate and the author's experiences during an automobile ride in the Midtown Manhattan section of New York, New York with Freedman.

Monroe Freedman's Contributions To Lawyers: Engagement, Energy, And Ethics, Lawrence K. Fox, Susan R. Martyn

Hofstra Law Review

The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions Freedman's lectures to attorneys about legal ethics, as well as information about Freedman's energy and his willingness to engage with practising lawyers and legal scholars.

1968 Campaign Notes, Monroe Freedman

1968 Campaign

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A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi

Hofstra Law Review

The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Although lawyers have a personal interest in limiting liability, they also have a professional one in protecting clients from harm arising due to malpractice. But how can the legal profession curtail and manage malpractice liability while also providing relief to injured clients? Applying existing tort scholarship on no-fault alternative systems to professional legal services, this Article argues that no-fault may be a viable option in many common …

A Tribute To Monroe Freedman, Stuart Rabinowitz

Hofstra Law Review

No abstract provided.