Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, 2023 University at Buffalo School of Law
Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson
Buffalo Law Review
One-hundred and twenty-eight years after “the Supreme Court of the United States had an opportunity to clear up the confusion and ambiguity that hang[s] over the common talk about the presumption of innocence,”1 the confusion persists. This lingering confusion is at its most stringent in federal bail determinations where, despite legislative intent, precedent, and logic to the contrary, it is invoked to discount the weight of the evidence against the defendant in deciding what conditions will secure presence at trial or safety to the community. Furthermore, the presumption’s path from an instrument of proof to its status as a right …
Perlmutter Center For Legal Justice At Cardozo Law Asks Ny Governor Kathy Hochul To Sign Wrongful Convictions Act, 2023 Perlmutter Center for Legal Justice at Cardozo Law
Perlmutter Center For Legal Justice At Cardozo Law Asks Ny Governor Kathy Hochul To Sign Wrongful Convictions Act, Josh Dubin
Perlmutter Center Letters
The Law expands legal recourse for those wrongfully convicted including the right to counsel and the ability to challenge flawed scientific evidence.
The Perlmutter Center for Legal Justice at Cardozo Law has asked New York State Governor Kathy Hochul to sign the Challenging Wrongful Convictions Act.
The law (S.7548) was passed by both houses of the New York State legislature. If signed, it will expand legal recourse for those wrongfully convicted in New York including the right to counsel, the ability to challenge flawed or outdated scientific evidence, gives innocent people who pleaded guilty the right to apply for post …
Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, 2023 University of Cincinnati College of Law
Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, Lucy Litt
University of Cincinnati Law Review
Grand juries in the United States were originally intended to protect people from unwarranted criminal prosecution by the government; however, criticism of federal grand juries in the U.S. throughout the past five decades demonstrates that these deliberative bodies protect prosecutors at the expense of the people subjected to their investigations. Worse still, federal grand jury proceedings circumvent fundamental constitutional rights, direct judicial oversight, and many of the procedural protections of criminal trials; they enable prosecutors to strip unaccused individuals subpoenaed solely for witness testimony of their safety, rights, and liberty. Prosecutorial misconduct has received increasingly widespread attention, especially in recent …
Mitigation Reports In Capital Cases: Legal And Ethical Issues, 2023 Cornell University Law School
Mitigation Reports In Capital Cases: Legal And Ethical Issues, Russell Stetler, W. Bradley Wendel
St. Mary's Journal on Legal Malpractice & Ethics
The mitigation investigation that is essential in every capital case requires a multidisciplinary team. The duty to conduct this investigation is clearly established federal law, as well as an ethical obligation of counsel. The mitigation evidence that is uncovered is of vital importance to the rights of the individual accused of a capital offense, but also to reliable outcomes since all decisionmakers—including prosecutors, jurors, and judges—need the most complete and accurate picture of the person facing the punishment of last resort. This Article discusses some of the unique legal and ethical issues affecting the documentation of this investigation. The Authors …
Preliminary-Hearing Waivers And The Contract To Negotiate, 2023 Pepperdine University
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Pepperdine Law Review
Plea bargaining often begins very early in a criminal case—sometimes before the preliminary hearing, or “prelim,” is held. Be-cause of the time, effort, and risk involved in holding a prelim, the prosecutor may make the defendant a prelim waiver offer. That is, if the defendant agrees to waive the prelim, the prosecutor will hold a particular plea offer open for the defendant’s future consideration. Such prelim waiver offers may be skeletal, at best, but will often include the promise of “future negotiations” to fill in the details. When the prosecutor obtains the defendant’s prelim waiver for the promise of future …
Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, 2023 University of Washington School of Law
Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang
Pace Law Review
No abstract provided.
Table Of Contents, 2023 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
A Call For Effective Leniency: How The Circuit Split Regarding The Prison Mailbox Rule Fails To Properly Alleviate Issues For Prisoners, 2023 Mississippi College School of Law
A Call For Effective Leniency: How The Circuit Split Regarding The Prison Mailbox Rule Fails To Properly Alleviate Issues For Prisoners, Shelby E. Parks
Mississippi College Law Review
The prison population has long been an overlooked segment of society. This is particularly true when it comes to pro se litigants within the federal prison system. A pro so litigant is someone involved in litigation, whether civil or criminal, and is representing themselves instead of being represented by an attorney. In other words, pro se prisoners do not have the aid of counsel at their disposal. Although it is an individual’s constitutional right to represent themselves, it can come at a cost, especially when it comes to understanding the nuances of civil or criminal court procedure. For pro se …
Introduction To Criminal Justice, 2023 Lynn University
Introduction To Criminal Justice, Sindee Kerker
Lynn University Digital Press Books
This iBook, replete with innovative learning tools, explores the three components of the American criminal justice system: police, courts, and corrections. Divided into ten chapters, the highly interactive text discusses a wide range of topics. Subjects like what constitutes a crime, constitutional rights, contemporary lawn enforcement issue, administration of justice, the court system, and various forms of corrections: jails, prisons, intermediate sanctions, and the juvenile justice system are explored. Recurring components of the iBook include: introductory high-profile media cases which, YouTube videos detailing various criminal justice career options (over 20), a Fact vs. Fiction section highlighting common myths and misperceptions …
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, 2023 Schulich School of Law, Dalhousie University
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Public Defenders As Gatekeepers Of Freedom, 2023 Benjamin N. Cardozo School of Law
Public Defenders As Gatekeepers Of Freedom, Alma Magaña
Articles
Nearly half a million people are currently held in pretrial detention across the United States. Legal scholarship has explored many of the actors and factors contributing to the deprivation of freedom of those presumed innocent. And while the scholarship in these areas is rich, it has primarily focused on certain system actors—including judges, prosecutors, and profit-seeking sheriffs—structural concerns, such as the role race plays in who is being held in pretrial detention, or critiques of the failed promise of algorithms to deliver on bias-free bail determinations. But relatively little scholarship exists about the contributions of public defenders to this deprivation. …
Face Recognition Under Adverse Viewing Conditions: Implications For Eyewitness Testimony, 2023 Singapore Management University
Face Recognition Under Adverse Viewing Conditions: Implications For Eyewitness Testimony, Charles C. F. Or, Denise Y. Lim, Siyuan Chen, Alan L. F. Lee
Research Collection Yong Pung How School Of Law
Eyewitness testimony forms an important component in deciding whether a case can be prosecuted. Yet, many criminal perpetrators deliberately conceal their faces with disguises or under dim lighting, undermining eyewitness accuracy. This article reviews recent studies to characterize the factors that impair face recognition performance, specifically, various forms of face disguise (e.g., face masks, sunglasses) and different lighting conditions. Research shows that identification accuracy, alongside eyewitness confidence and decision bias, all affect the reliability of eyewitness accounts. A consistent finding across studies is that face-identification accuracy can be improved by matching the viewing conditions during the police lineup with those …
After The Criminal Justice System, 2023 Washington University School of Law
After The Criminal Justice System, Benjamin Levin
Washington Law Review
Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the “criminal legal system,” the “criminal punishment system,” the “prison industrial complex,” and so on. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or does an emphasis on labels and language distract from substantive engagement with the injustices …
Innocent Until Proven Mentally Incompetent., 2023 St. Mary's University
Innocent Until Proven Mentally Incompetent., Jade Smith
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., 2023 St. Mary's University
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., Sarah Garcia
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Bending The Rules Of Evidence, 2023 Texas A&M University School of Law
Bending The Rules Of Evidence, Edward K. Cheng, G. Alexander Nunn, Julia Simon-Kerr
Faculty Scholarship
The evidence rules have well-established, standard textual meanings—meanings that evidence professors teach their law students every year. Yet, despite the rules’ clarity, courts misapply them across a wide array of cases: Judges allow past acts to bypass the propensity prohibition, squeeze hearsay into facially inapplicable exceptions, and poke holes in supposedly ironclad privileges. And that’s just the beginning.
The evidence literature sees these misapplications as mistakes by inept trial judges. This Article takes a very different view. These “mistakes” are often not mistakes at all, but rather instances in which courts are intentionally bending the rules of evidence. Codified evidentiary …
Standardization Of A Technique For Obtaining Dna From Footprints, 2023 Universidad Autonoma de Tamaulipas
Standardization Of A Technique For Obtaining Dna From Footprints, Gibrán Galindo-Martinez, Karla Villarreal-Sotelo, Cynthia Marisol Vargas-Orozco, Ernesto Leal-Sotelo, Ignacio Hernandez-Rodriguez, José Francisco Flores-Gómez, Esperanza Milagros Garcia-Oropesa
Research Symposium
Currently our country has high numbers of missing persons, Tamaulipas being one of the states with the highest rate of disappearances. The identification of people has become more important thanks to the development of molecular techniques. However, the limitations are very high, because it is necessary to compare the genetic pattern of the disappeared with the parents. Therefore, the objective of this research is to standardize a genomic DNA extraction technique from contact surfaces for its subsequent implementation in the identification of disappeared, allowing the comparison of the genetic pattern with the disappeared itself. For this, genomic DNA extraction was …
A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, 2023 Yeshiva University, Cardozo School of Law
A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic
Event Invitations 2023
The Supreme Court’s Brady rule of 1963 requires prosecutors to share favorable evidence with defendants. Dybdahl’s book reveals how a series of legal decisions have made it ineffective. Hear what’s at stake when prosecutors conceal evidence, and what can be done about it.
When Innocence Is Not Enough: A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, 2023 Yeshiva University, Cardozo School of Law
When Innocence Is Not Enough: A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic
Flyers 2023-2024
No abstract provided.
What Are The Causes And Remedies Of Wrongful Convictions?, 2023 Fairmont State University
What Are The Causes And Remedies Of Wrongful Convictions?, Audree Alick
The Mid-Southern Journal of Criminal Justice
Wrongful convictions, also known as miscarriages of justice, are very common in the criminal justice system today. With the first known wrongful conviction in 1872, to the most recent in 2023, researchers have similarly identified three causes of wrongful convictions: false confessions, eyewitness errors, and investigative misconduct. Wrongful convictions can cause many physical and mental effects on post-exonerees and currently incarcerated individuals, including but not limited to, clinical anxiety, depression, and PTSD. Analyses of DNA (deoxyribonucleic acid) have proven instrumental in cases of wrongful convictions. Each exoneree should have access to the DNA database to test against the DNA evidence …