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Columbia Law School

2001

Criminal Procedure

Articles 1 - 3 of 3

Full-Text Articles in Law

Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffrey Fagan, Garth Davies Jan 2001

Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffrey Fagan, Garth Davies

Faculty Scholarship

Patterns of "stop and frisk" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. "Broken Windows" theory suggests that neighborhoods with greater concentrations of physical and social disorder should evidence higher stop and frisk activity, especially for "quality of life" crimes. However, while disorder theory informs quality of life policing strategies, observed patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels and the extent of social disorganization are stronger predictors of race- and crime-specific police stops than is the presence of "broken windows." Furthermore, stops of minority citizens ...


Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman Jan 2001

Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman

Faculty Scholarship

In late March, a reporter called with news of a pirated copy of Professor Joseph Hoffinann's soon-to-be-published "attack" on our study, A Broken System: Error Rates in Capital Cases, 1973-1995. Did we care to comment? Obtaining our own copy revealed that Professor Hoffmann's fusillade missed its mark (he misstates what we did) and boomeranged (his mischaracterizations of our analysis accurately describe his own). We do care to comment, and Hoffmann and the Indiana Law Journal have graciously let us do so.

Hoffmann's main claim is that we "extrapolated" the 68% rate of reversible error we reported for ...


An "Effective Death Penalty"? Aedpa And Error Detection In Capital Cases, James S. Liebman Jan 2001

An "Effective Death Penalty"? Aedpa And Error Detection In Capital Cases, James S. Liebman

Faculty Scholarship

On June 11, 2001, the United States of America executed Timothy McVeigh. Dwarfed among the many unspeakable evils that Mr. McVeigh wrought is a speakable one I will address here, namely, the so-called Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA").

Abbreviated, AEDPA's political history is as follows: In November 1994, the "Gingrich Congress" was elected on its Contract with America platform. One of the planks of that platform – one of the few that actually ended up passing Congress – was the so-called "Effective Death Penalty Act." That proposal had little to do with the death penalty and, originally ...