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- Death row; Capital punishment; Death penalty; competency hearing; ABA ethical guidelines; Shinn v. Ramirez; Capital defendants; Post-conviction appeals; Antiterrorism and Effective Death Penalty Act; AEDPA; Furman v. Georgia; trial advocacy; ineffective assistance of counsel; (1)
- Jencks Act; criminal prosecution; government witness; Jencks v. United States; Sixth Amendment; cross-examination; fair trial; FRCP 16; Brady v. Maryland; Giglio v. United States; discovery; disclosure; prosecution; pretrial discovery (1)
- Sex Work; Sex Work Decriminalization; New York City Human Rights Law; Housing Discrimination; Housing Rights; Feminism; New York Penal Law; Disparate Impact; New York City Commission on Human Rights; Real Property Actions and Proceedings Law; RPAPL 715; Policing; Undercover Policing; Vice Crimes; Morality; Background Checks; Full Decriminalization; Clean Slate Act; DH v. City of New York; Walking While Trans; NYPL 230.47; Stop Violence in the Sex Trades Act; Sex Trade Survivors Justice and Equality Act; Clean Slate Act; Fair Chance for Housing Act (1)
Articles 1 - 3 of 3
Full-Text Articles in Criminal Law
Toward “The Most Freedom”: Decriminalizing Sex Work Alleviates Housing Discrimination And Housing Instability Faced By Sex Workers In New York City, Bianca B. Li
Journal of Law and Policy
While sex work has been incrementally decriminalized in New York City, statutes that criminalize some forms of sex work remain good law in New York City and generate potentially life-altering penalties for sex workers who are arrested or convicted under these laws. This leads to complications for sex workers who seek to rent apartments. The New York City Human Rights Law, the City’s anti-discrimination statute, does not offer explicit protection to sex workers against housing discrimination, and two criminal laws penalize property owners for allowing sex work to occur on or near their premises. This Note explores the shortcomings of …
State Of Delay: Are Outdated Capital Post-Conviction Defense Tactics Undermining Effectiveness And The Attorney-Client Relationship?, Lyle C. May
Journal of Law and Policy
In 2018, death row prisoner Scott Allen was ordered to undergo a psychiatric evaluation to determine whether he was competent enough to fire his appointed attorneys. The competency hearing was not ordered by Scott’s counsel; rather, a superior court judge did so at the behest of an undisclosed third party. The problem was that Scott Allen had no history or symptoms of an intellectual disability or mental illness, nor was either a mitigatory claim in his appeal. The attorney-client conflict was triggered by Scott’s pro se effort to remove counsel after they ignored his lawful instructions to include potentially exculpatory …
Defendants In The Dark: How The Jencks Act Is Incompatible With The Adversarial Legal System, Eli J. Esakoff
Defendants In The Dark: How The Jencks Act Is Incompatible With The Adversarial Legal System, Eli J. Esakoff
Journal of Law and Policy
The Jencks Act is a McCarthy Era law that prohibits compelling the disclosure of any statement made by a government witness in a federal criminal prosecution until after the witness has testified at trial. Passed in 1957 in response to the Supreme Court’s decision in Jencks v. United States, the Act’s life in Congress was “nasty, brutish, and short.” In prosecuting its anti-communist “witch hunts” of the era, the government strove to keep hidden as much of its case against those accused as possible. Against this backdrop of the desire for secrecy, the Supreme Court held that a criminal defendant …