Law Commons^™

"Throwing Away The Key: An Examination Of New York's Sex Offender Civil Commitment Statute", Joseph E. Fahey

Joseph E Fahey

No abstract provided.

Throwing Away The Key: An Examination Of New York's Sex Offender Commitment Law, Joseph E. Fahey

Joseph E Fahey

No abstract provided.

Throwing The Key Away: An Examination Of New York's Sex Offender Commitment Law, Joseph E. Fahey

Joseph E Fahey

This article examines the Sex Offender Management and Treatment Act enacted by New York effective April 1, 2007. It examines the statute, its various flaws, the constitutional implications of those flaws, its effect on the State's judicial system, and the way in which the courts have construed it since it has been in effect.

Throwing Away The Key: An Examination Of New York's Sex Offender Civil Commitment Law, Joseph E. Fahey

Joseph E Fahey

This article examines New York's newly enacted sex offender civil commitment law entitled"Sex Offenders Requiring Civil Commitment or Supervision." It examines the statute in detail, commenting on its various statutory and constiutional defeciencies, as well as its potential impact on the New York State Unified Court System.

Discretionary Persistent Felony Offender Sentencing In New York: Can It Survive Apprendi ?, Joseph E. Fahey

Joseph E Fahey

This article examines the Discretionary Persistent Felony Offender sentencing provision contained in New York Penal law section 70.10 and its vitality in the wake of Apprendi v. New Jersey.

It examines the disparity in the controlling New York Court of Appeals cases and the holdings in Apprendi and its progeny.

It also discusses ways in which the sentencing court can apply the sentnecing statute and avoid Apprendi pitfalls.