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Articles 391 - 420 of 1757
Full-Text Articles in Entire DC Network
A Second Step Act For The States (And Counties And Cities), John F. Pfaff
A Second Step Act For The States (And Counties And Cities), John F. Pfaff
Faculty Scholarship
No abstract provided.
Regulating Prosecutors’ Courtroom Misconduct, Bruce A. Green
Regulating Prosecutors’ Courtroom Misconduct, Bruce A. Green
Faculty Scholarship
Trial prosecutors’ visible misbehavior, such as improper questioning of witnesses and improper jury arguments, may not seem momentous. Sometimes, the improprieties are simply the product of poor training or overenthusiasm. In many cases, they pass unremarked. As the Chicago Eight trial illustrated, trial prosecutors’ improprieties may also be overshadowed by the excesses of other trial participants—the witnesses, the defendants, the defense lawyers, or even the trial judge. And when noticed, prosecutors’ trial misbehavior can ordinarily be remedied, and then restrained, by a capable trial judge. It is little wonder that disciplinary authorities, having bigger fish to fry, are virtually indifferent …
Judicial Activism In Trial Courts, Bruce A. Green, Rebecca Roiphe
Judicial Activism In Trial Courts, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
No abstract provided.
Neuroscience And The Personalization Of Criminal Law, Deborah W. Denno
Neuroscience And The Personalization Of Criminal Law, Deborah W. Denno
Faculty Scholarship
While objective standards of reasonableness permeate most legal disciplines, criminal law has trended toward personalization since the 1960s, when the Model Penal Code introduced conceptions of mental states based on Freudian psychoanalytic theory. Today, advancements in neuroscience offer previously inconceivable insights into living brain structures and damage. This Essay contends that a criminal justice system that uses personalizing neuroscientific evidence will yield better outcomes. This Essay contributes two unique tools to the personalized law debate. First are the results of my two-decade-long Neuroscience Study, in which I have compiled eight hundred criminal cases that addressed neuroscientific evidence in any capacity. …
Federal Courts' Supervisory Authority In Federal Criminal Cases: The Warren Court Revolution That Might Have Been, Bruce A. Green
Federal Courts' Supervisory Authority In Federal Criminal Cases: The Warren Court Revolution That Might Have Been, Bruce A. Green
Faculty Scholarship
No abstract provided.
Decarceration’S Blindspots, John F. Pfaff
Decarceration’S Blindspots, John F. Pfaff
Faculty Scholarship
For over a decade, my research has focused on trying to answer one simple question: how did the United States, home to about 5% of the world’s population, come to house nearly 25% of its prisoners?1 We were not always the world’s largest jailer; as recently as the 1970s, our incarceration rate was largely indistinguishable from those in other liberal democracies. Yet starting in the mid-1970s, as Figure 1 shows, that rate started to slowly—but steadily and relentlessly—grow, until by the late 2000s it rivaled and then surpassed even the rates seen in autocratic countries like Cuba and Belarus and …
Five Myths About Prison, John F. Pfaff
Prosecutors In The Court Of Public Opinion, Bruce A. Green
Prosecutors In The Court Of Public Opinion, Bruce A. Green
Faculty Scholarship
No abstract provided.
Latin American Racial Equality Law As Criminal Law, Tanya K. Hernandez
Latin American Racial Equality Law As Criminal Law, Tanya K. Hernandez
Faculty Scholarship
No abstract provided.
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …
The Role Of Direct-Injury Government-Entity Lawsuits In The Opioid Litigation, Edgar Aliferov
The Role Of Direct-Injury Government-Entity Lawsuits In The Opioid Litigation, Edgar Aliferov
Fordham Law Review
The opioid epidemic has ravaged the United States, killing over 100 Americans every day and costing the nation upward of $90 billion a year. All branches and levels of the government have pursued measures to combat the epidemic and reduce its societal costs. Perhaps the most interesting response is the emergence of direct-injury government-entity lawsuits, which seek to recover damages from opioid companies that facilitated prescription pill addictions. Cities, counties, and states across the country are suing opioid manufacturers and distributors in unprecedented numbers. This Note explores the role of direct-injury government-entity claims as compared to other forms of civil …
Rape Messaging, Alena Allen
Rape Messaging, Alena Allen
Fordham Law Review
When feminists began advocating for rape reform in the 1970s, the rape message was clear: rape was not a crime to be taken seriously because women lie. After decades of criminal law reform, the legal requirement that a woman vigorously resist a man’s sexual advances to prove that she was raped has largely disappeared from the statute books, and, in theory, rape shield laws make a woman’s prior sexual history irrelevant. Yet, despite what the law dictates, rape law reforms have not had a “trickle-down” effect, where changes in law lead to changes in attitude. Women are still believed to …
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Fordham Law Review
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to bring …
Board Of Parole Welcome Book, Accreditation Audit, November 2018, New York State Department Of Corrections And Community Supervision (Doccs), Board Of Parole
Board Of Parole Welcome Book, Accreditation Audit, November 2018, New York State Department Of Corrections And Community Supervision (Doccs), Board Of Parole
Additional Resources
No abstract provided.
Universal Representation, Lindsay Nash
Universal Representation, Lindsay Nash
Fordham Law Review
In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system’s coverage in a number of ways, …
Open The Jail Cell Doors, Hal: A Guarded Embrace Of Pretrial Risk Assessment Instruments, Glen J. Dalakian Ii
Open The Jail Cell Doors, Hal: A Guarded Embrace Of Pretrial Risk Assessment Instruments, Glen J. Dalakian Ii
Fordham Law Review
In recent years, criminal justice reformers have focused their attention on pretrial detention as a uniquely solvable contributor to the horrors of modern mass incarceration. While reform of bail practices can take many forms, one of the most pioneering and controversial techniques is the adoption of actuarial models to inform pretrial decision-making. These models are designed to supplement or replace the unpredictable and discriminatory status quo of judicial discretion at arraignment. This Note argues that policymakers should experiment with risk assessment instruments as a component of their bail reform efforts, but only if appropriate safeguards are in place. Concerns for …
Immigration Blame, David S. Rubenstein
Immigration Blame, David S. Rubenstein
Fordham Law Review
This Article provides the first comprehensive study of blame in the U.S. immigration system. Beyond blaming migrants, we blame politicians, bureaucrats, and judges. Meanwhile, these players routinely blame each other, all while trying to avoid being blamed. As modeled here, these dynamics of “immigration blame” have catalyzing effects on the politics, policies, and structures of immigration law. Yoking key insights from a range of social sciences, this Article offers unique perspectives on the operation and design choices of the immigration system. Moreover, through a blame lens, the terms of debate over amnesty, immigration enforcement, the travel ban, sanctuary cities, and …
Can A Good Person Be A Good Prosecutor?, Ellen Yaroshefsky
Can A Good Person Be A Good Prosecutor?, Ellen Yaroshefsky
Fordham Law Review Online
Most people who become prosecutors are honest and ethical public servants who take that job for varied reasons including protecting the community, assisting victims of crime, gaining trial experience, or enhancing future employment prospects and long-term political goals. Earnest and hard-working, these prosecutors bristle at the very question of whether a good person can be a good prosecutor. The question though is not about a good person and their motives or ethical compass, but about the role: What does it mean to be a good prosecutor especially in the era of mass incarceration?
The Necessity Of The Good Person Prosecutor, Jessica A. Roth
The Necessity Of The Good Person Prosecutor, Jessica A. Roth
Fordham Law Review Online
In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.
Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe
Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe
Fordham Law Review Online
In an article published over fifteen years ago, Georgetown Law Professor Abbe Smith argued that one cannot be a good person and a good prosecutor. In other words, if you are concerned with social justice, it would be selfdefeating to work in a prosecutor’s office. With Attorney General Jeff Sessions at the helm, the federal criminal justice system has changed since Smith wrote this article, in many ways for the worse. At the same time, in response to a powerful grass roots movement, the reformist approach to criminal justice has gained some ground. In this oddly polarized context, this essay …
A Defender's Take On "Good" Prosecutors, David E. Patton
A Defender's Take On "Good" Prosecutors, David E. Patton
Fordham Law Review Online
When Professor Abbe Smith asked “Can You Be a Good Person and a Good Prosecutor” in 2001 (and answered it mostly in the negative), she began a conversation that would result in me, a public defender, having to repeatedly answer the question from earnest law students and young lawyers. I haven’t yet forgiven Professor Smith. My first impulse when I’m asked the question is to hand out her home phone number. My second impulse is to answer: “Why are you asking me?” I’m a defense lawyer. Worse still, I am a public defender. I’m not, shall we say, naturally drawn …
Prosecutors Who Police The Police Are Good People, Vida B. Johnson
Prosecutors Who Police The Police Are Good People, Vida B. Johnson
Fordham Law Review Online
In 2001 Professor Abbe Smith asked if a person could be both a good prosecutor and a good person. Her answer was, essentially, “no.” My answer in 2018 is that only a prosecutor who focuses on the powerful, and particularly who is willing to prosecute police who do wrong, can be good.
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
Fordham Law Review Online
In a law review article written seventeen years ago, Professor Abbe Smith asked the question, “Can You Be a Good Person and a Good Prosecutor?” Professor Smith ultimately answered the question in the negative. Whether or not one agreed with her conclusion at the time, today we know that the answer to the question is “Yes.” Anyone who believes that good people cannot be good prosecutors assumes and accepts a model of prosecution based on harsh, punitive policies and practices that incarcerate as many people as possible for as long as possible. Unfortunately, that unjust model of prosecution is the …
Good Person, Good Prosecutor In 2018, Abbe Smith
Good Person, Good Prosecutor In 2018, Abbe Smith
Fordham Law Review Online
Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?”1 I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.
Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green
Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green
Fordham Law Review Online
In 2001, Abbe Smith asked provocatively whether you can simultaneously be a good person and a good prosecutor, and she concluded that you cannot. The following online symposium, hosted by the Fordham Law Review Online, revisits Abbe Smith’s question. Even if she was right in 2001, is the answer the same seventeen years later? The problems of criminal justice in this country have in many ways gotten worse. But at the same time, one might argue, there is broader public acknowledgment of these problems, which has led to social movements such as the Innocence Movement and Black Lives Matter that …
Cumulative Faculty Bibliography Through 2009, Fordham Law School Library
Cumulative Faculty Bibliography Through 2009, Fordham Law School Library
Faculty Bibliography
Cumulative Faculty Bibliography Through 2009
New York State Parole Board: Failures In Staffing And Performance, Parole Preparation Project, Release Aging People In Prison Campaign
New York State Parole Board: Failures In Staffing And Performance, Parole Preparation Project, Release Aging People In Prison Campaign
All Categories
No abstract provided.
Things To Know About Working In Solidarity With People In Prison, Parole Preparation Project, Michelle L. Lewin
Things To Know About Working In Solidarity With People In Prison, Parole Preparation Project, Michelle L. Lewin
All Categories
No abstract provided.
Scientific Validity And Error Rates: A Short Response To The Pcast Report, Ted Robert Hunt
Scientific Validity And Error Rates: A Short Response To The Pcast Report, Ted Robert Hunt
Fordham Law Review Online
This Article was prepared as a companion to the Fordham Law Review Reed Symposium on Forensic Expert Testimony, Daubert, and Rule 702, held on October 27, 2017, at Boston College School of Law. The Symposium took place under the sponsorship of the Judicial Conference Advisory Committee on Evidence Rules. For an overview of the Symposium, see Daniel J. Capra, Foreword: Symposium on Forensic Testimony, Daubert, and Rule 702, 86 Fordham L. Rev. 1459 (2018).
The Reliability Of The Adversarial System To Assess The Scientific Validity Of Forensic Evidence, Andrew D. Goldsmith
The Reliability Of The Adversarial System To Assess The Scientific Validity Of Forensic Evidence, Andrew D. Goldsmith
Fordham Law Review Online
This Article was prepared as a companion to the Fordham Law Review Reed Symposium on Forensic Expert Testimony, Daubert, and Rule 702, held on October 27, 2017, at Boston College School of Law. The Symposium took place under the sponsorship of the Judicial Conference Advisory Committee on Evidence Rules. For an overview of the Symposium, see Daniel J. Capra, Foreword: Symposium on Forensic Testimony, Daubert, and Rule 702, 86 Fordham L. Rev. 1459 (2018).