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Full-Text Articles in Law
Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy
Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy
Fordham Urban Law Journal
Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention …
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
Fordham Urban Law Journal
American criminal justice is founded on overcriminalization and discretion. Our legislatures have long criminalized much more conduct than can be effectively sanctioned. American police and prosecutors have been granted virtually unreviewable authority (discretion) to allocate investigative and prosecutorial resources. Minor crimes absorb the bulk of our ordinary, local enforcement efforts and there is an endless supply of minor crime, which may be pursued. With minor offenses, discretion is critical at all phases. This article argues that criminal courts, where ninety percent of all cases are heard, could benefit from reform. The author argues for the development of the record so …
Undertaking The Task Of Reforming The American Character Evidence Prohibition: The Importance Of Getting The Experiment Off On The Right Foot, Edward J. Imwinkelried
Undertaking The Task Of Reforming The American Character Evidence Prohibition: The Importance Of Getting The Experiment Off On The Right Foot, Edward J. Imwinkelried
Fordham Urban Law Journal
The United States Congress and the State Legislatures of Indiana and Missouri have chosen illogical starting points in their experiments to reform the prohibition against introducing character evidence in criminal cases. Rather than start by allowing the introduction of past crimes with high recidivism rates such as burglary, these legislatures have chosen crimes with minimal probative value as predictors of the accused's conduct. By allowing the the introduction of criminal history in regard to criminal sexual conduct and child molestation, these legislatures increase the risk of wrongful conviction due to the disdain with which the average citizen views these types …
Federal Rules Of Evidence And The Political Process, David P. Leonard
Federal Rules Of Evidence And The Political Process, David P. Leonard
Fordham Urban Law Journal
An important tenet of American evidence law is the strict regulation on the introduction of character evidence. This principal has begun to be chipped away at through the adoption of amendments that allow character evidence to be introduced in certain types of cases. The Federal Rules of Evidence were subject to very little amendment during their first 20 years of use, and have always represented a blend of conservatism about evidence law and political compromise. This tension has been kept in check until the proposal of Rules 413-415, which represents a concession to the politicization of the rules. Before imposing …
Are Executions In New York Inevitable?, Ronald J. Tabak
Are Executions In New York Inevitable?, Ronald J. Tabak
Fordham Urban Law Journal
This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.
Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction
Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction
Fordham Urban Law Journal
This article evaluates New York Criminal Procedure Law increasing the number of cases requiring pre-sentence investigations and reports by analyzing the consequences and benefits of pre-sentencing reports. The article focuses on the delays in the criminal justice system and urges the New York State government to undertake a comprehensive review of the criminal justice system to determine whether plea bargaining is both the most effective and efficient method of achieving the system's goals. The article then suggests interim measures to be taken to alleviate delays produced by pre-sentence investigations.