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Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder Feb 2002

Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin Jan 2002

Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In 1995 New York State revived the death penalty as a punishment for certain categories of murder, and established a “death row” for condemned men at the Clinton Correctional Facility in Dannemora, New York (variously, “Clinton” or the “Prison”). Four years later, in October 1999, two committees of the Association of the Bar of the City of New York (the “Association”) joined together to study the conditions of confinement on this death row--or, as it is officially called, the Unit for Condemned Persons (the “UCP”). These committees--the Committee on Corrections and the Committee on Capital Punishment--formed a joint subcommittee (the …

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Witness Coaching By Prosecutors, Bennett L. Gershman Jan 2002

Witness Coaching By Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Given its controversial nature, one would expect the practice and ethics of witness coaching to have attracted close scrutiny by courts and commentators. Interestingly, however, the subject has received relatively modest attention. A handful of judicial and ethics opinions have discussed superficially the subject of witness preparation and coaching. Practitioner manuals typically offer general guidance on how to prepare witnesses, and occasionally address tactical and ethical issues involved in coaching. Scholarly commentary has examined the ethical limits of witness preparation, particularly by differentiating acceptable techniques from improper techniques, which promote false or misleading testimony. In addition, popular culture occasionally has …

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The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller Jan 2002

The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller

Faculty Publications

No abstract provided.

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Take Courage: What The Courts Can Do To Improve The Delivery Of Criminal Defense Services, Adele Bernhard Jan 2002

Take Courage: What The Courts Can Do To Improve The Delivery Of Criminal Defense Services, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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The Writ Of Habeas Corpus, Donald E. Wilkes Jr. Jan 2002

The Writ Of Habeas Corpus, Donald E. Wilkes Jr.

Scholarly Works

A fundamental legal safeguard of freedom and the most important English common law writ, the writ of habeas corpus is a court order commanding that an imprisoned person be personally produced in court and that an explanation be provided as to why that person is detained. The writ of habeas corpus provides a judicial remedy for enforcing a fundamental individual right, the right to personal liberty, which may be defined as the right to be free of physical restraint that is not justified by law. Whenever imprisonment violates a constitutional or fundamental right, there is an infringement of the right …

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Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein Jan 2002