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Full-Text Articles in Law
The Micro And Macro Causes Of Prison Growth, John F. Pfaff
The Micro And Macro Causes Of Prison Growth, John F. Pfaff
Faculty Scholarship
No abstract provided.
The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband
The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband
Fordham Urban Law Journal
This Comment first describes federal prosecutors' broad charging discretion and the resulting potential for abuse. It then discusses how current interpretations of the Hyde Amendment have failed to establish a standard of conduct for federal prosecutors different from that established by preexisting laws, internal regulations, and ethics rules. Finally, it argues that the Hyde Amendment offers the courts an important opportunity to issue opinions detailing how federal prosecutors should exercise their charging discretion. This Comment concludes that courts should take advantage of this opportunity to establish a more exact standard of conduct for prosecutors conducting investigations and thereby offer defendants …
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi
Fordham Urban Law Journal
This Note addresses constitutional issues relevant to pretrial detention and identifies problematic aspects in the existing juvenile justice system. It examines state and model provisions regarding the detention of youths prior to trial and concentrates on the inclusion of the detention hearing as an element of detention schemes. This Note proposes a model state provision that utilizes the detention hearing to protect the preadjudicatory rights of juveniles and to reduce the risk that detention will be unnecessarily ordered.
The Effect Of External Pressures On Sentencing Judges, Eve Kunen
The Effect Of External Pressures On Sentencing Judges, Eve Kunen
Fordham Urban Law Journal
Aldoupolis v. Commonwealth illustrates three potential types of pressure on a sentencing judge: public opinion, opinions voiced by influential political figures, and opinions expressed by the press. This Comment explores the question of whether a sentencing judge may consider any of these pressures without violating the constitutional principles of procedural due process, the proscription against cruel and unusual punishment, equal protection, double jeopardy, and the common law-statutory proscription against abuse of discretion. Emphasis will be placed on public opinion, which often parallels the voices of those least heard by the criminal justice system: the victims.