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Suspended Sentence Contingent Upon Participation In Victim Offender Mediation For Juveniles Who Commit Violent Crimes, Lindsay Goldbrum

Cardozo Journal of Conflict Resolution

This Note discusses the potential benefits of implementing a system of suspended sentences for juveniles convicted of violent crimes contingent upon participation in victim offender mediation. Section II discusses the background of mediation, restorative justice, and victim offender mediation. Section III discusses the need for reform and shortcomings of the current juvenile justice system. Section IV proposes the system of suspended sentences for juveniles convicted of violent crimes contingent upon participation in victim offender mediation, and discusses the various benefits to be achieved through victim offender mediation.

Using Crisis Negotiation Team Methods To Decrease Violence In Prisons, Emily Katz

Cardozo Journal of Conflict Resolution

Part I of this Note introduces the Crisis Negotiation Teams and explains when, how, and why they were formed. Part I also discusses what factors ultimately lead teams to successful and safe negotiations. Part II discusses the current structure in place in today's prisons and the consequences prison experiences have on the inmates. Additionally, Part II discusses prison guard training, as well as the effects this training is having on both inmates and guards alike. Part III offers some suggestions on how to fix issues within prisons, specifically the guard and inmate relationship, by using procedures currently in use by …

Legislating The First Amendment: A Trio Of Recommendations For Lawmakers Targeting Free Expression, Clay Calvert

Cardozo Arts & Entertainment Law Journal

This Article offers three recommendations for lawmakers attempting to restrict expression that is presumptively protected by the First Amendment. The proposals include: (1) embracing a "prism of protection" through which all potential laws affecting expression are filtered prior to drafting; (2) mandating inclusion of sunset clauses in all statutes that may detrimentally impact free expression; and (3) adopting a comprehensive legislative oversight and review process for determining if an expired statute should be renewed, revised or abandoned. Although far from creating what Dean Roscoe Pound more than 100 years ago called a "science of legislation, " the proposals here nonetheless …

Virtual Reality Surveillance, Gilad Yadin

Cardozo Arts & Entertainment Law Journal

This Article challenges government cybersurveillance norms and practices by introducing virtual reality, a unique digital environment that may be justifiably subject to constitutional physical privacy protection. In liberal democracies, government surveillance is driven by public security and enforcement interests, and is checked by individual privacy rights. In recent years, however, this balance has been gradually shifting. Government surveillance of cyberspace has become extensive and constant, effectively unhindered by legal restrictions and judicial oversight; surveillance ofphysical spaces, subject to the Fourth Amendment, is neither as prevalent nor as unrestrained.

We are in the midst of a virtual reality renaissance; new virtual …

Fingerprints And Miscarriages Of Justice: "Other" Types Of Error And A Post-Conviction Right To Database Searching, Simon A. Cole, Barry Scheck

Articles

The article examines the role of fingerprint evidence in wrongful convictions and exonerations, focusing on errors beyond erroneous individualizations, such as missed exclusions and inconclusive results. It introduces a framework for categorizing fingerprint errors and advocates for increased access to post-conviction Automated Fingerprint Identification System (AFIS) searches to reduce miscarriages of justice. The authors argue that while DNA database searching is widely recognized as a tool for exonerations, fingerprint database searching remains underutilized despite its potential to uncover innocence. They propose expanding legal access to fingerprint evidence to align with the principles of truth, justice, and science.

Consent Confusion, Aya Gruber

Cardozo Law Review

The slogans are ubiquitous: "Only 'Yes' Means 'Yes"'" "Got Consent?", "Consent is Hot, Assault is Not!" Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic "yes"?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today's widespread uncertainty …

The Nba Can Take A Play Out Of The Nfl’S Disciplinary Policy, Joel Krooks

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Derrick Rose was recently sued in federal civil court because he and two friends allegedly gang-raped a woman. A federal civil trial was held in California in which Jane Doe is suing Rose and his friends for sexual battery. The trial for the August 2013 incident was held October 14, just before the start of the NBA season.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 22, 2016. The original post can be accessed via the Archived Link button above.

Doe V. O'Donnell And New York's Sex Offender Registration Act: The Problem Of Continued Registration Under Sora After Leaving The State, Samantha R. Millar

Cardozo Law Review

No abstract provided.

2016 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Clinics News, page 8

Faculty Briefs, page 12

Student Competitions, page 18

Building New York, page 20

Justice For All, page 24

Guantanamo: The Supreme Court Blinks, page 30

Going Global, page 35

In Brief, page 36

Movers & Shakers, page 38

Alumni News & Class Notes, page 39

Advancement News, page 44

In Memoriam, page 47

End Note: Talkin’ Bout My Generation, page 48

Where Sovereign Immunity Ends And Liability Begins: A Functional Restructuring Of The United States Military Tort Compensation Scheme, Jordon Parker

Cardozo Journal of International and Comparative Law

The note critiques the current system of tort claims against the United States, particularly in cases involving the military, arguing that it is overly complex and fails to provide adequate compensation for injured individuals. It proposes replacing the existing tort system with a no-fault compensation scheme, similar to New Zealand’s Accident Compensation Act 2001, to better address the needs of victims.

What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

Articles

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …

Securing Sequences: Ensuring Adequate Protections For Genetic Samples In The Age Of Big Data, Elizabeth R. Pike

Cardozo Law Review

Bulk collection of our personal data is increasingly common. Our internet browser history leads to personalized, targeted advertising; credit card companies aggregate billions of our collective transactions to gain insight into our spending patterns; and, as recently revealed, the National Security Agency engaged in the widespread collection of our telephone data without our knowledge or consent. But what if the data being collected, stored, shared, and used without our knowledge or consent is arguably the most personal of all data - our unique genetic sequence? In ways underreported and underexamined, the genetic information of nearly every American is likely to …

International Accountability In U.S. Law: A Call For Legislation, Jonah Diamond

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Informant Witnesses And The Risk Of Wrongful Convictions, Jessica A. Roth

Articles

Several studies in the last two decades have revealed that false criminal informant testimony is a leading factor in wrongful convictions, along with false confessions, eyewitness misidentification, and faulty forensic science. Although a great deal more remains to be done, many jurisdictions have implemented evidence-based reforms to these last three categories of evidence. Policy about criminal informants, however, seems to be stubbornly stagnant, and relevant social science is virtually nonexistent. This Article questions the relative lack of attention to informant testimony and suggests that the dangers posed by informant testimony are both greater and different than previously thought. Unlike much …

The Vicious Cycle Of Hate: Systemic Flaws In Hate Crime Documentation In The United States And The Impact On Minority Communities, Harbani Ahuja

Cardozo Law Review

No abstract provided.

2016 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Rabbi Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Presiding:

Selma Botman, Provost and Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Shai Y. Waisman, Vice Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1996

Remarks:

Melanie Leslie, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

The Honorable Robert Katzmann, Chief Judge, United States Court of Appeals, Second …

Terrorism Versus The Right To Privacy: Apple Takes On The Doj, Anastasia Dolph

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The long-simmering struggle between two essential American interests came to a dramatic head this week when Apple indicated its intent to appeal a court order directing the company to unlock an iPhone used by Syed Rizwan Farook, one of the San Bernardino terrorists. The case brought to light the enduring and intense battle between privacy rights and national security. For over a decade, Americans have grappled with how to prevent acts of terrorism on American soil without contravening our highly valued right to privacy.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April …

Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Crossing The Line: Daubert, Dual Roles, And The Admissibility Of Forensic Mental Health Testimony, Sara Gordon

Cardozo Law Review

Psychiatrists and other mental health professionals often testify as forensic experts in civil commitment and criminal competency proceedings. When an individual clinician assumes both a treatment and a forensic role in the context of a single case, however, that clinician forms a dual relationship with the patient - a practice that creates a conflict of interest and violates professional ethical guidelines. The court, the parties, and the patient are all affected by this conflict and the biased testimony that may result from dual relationships. When providing forensic testimony, the mental health professional's primary duty is to the court, not to …

High Time For Change: How Legalizing Marijuana Could Help Narrow The Racial Divide In The United States, Gene Taras

Cardozo Journal of International and Comparative Law

The note argues that legalizing marijuana in the United States could significantly reduce the racial disparities perpetuated by the war on drugs. It traces the origins of marijuana prohibition to racially motivated policies and highlights how these laws disproportionately affect minority communities. By examining international models and domestic legalization efforts, the article suggests that ending prohibition could address systemic inequities and generate economic benefits.

What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe

Cardozo Journal of International and Comparative Law

The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates …

Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert

Articles

The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.

In particular, I …

The Process Is Still The Punishment: Low-Level Arrests In The Broken Windows Era, Amanda Geller

Cardozo Law Review

Purpose: This Article examines the experience of contemporary arrestees in New York City to identify impositions they face in the processing of charges against them. In his seminal 1979 study The Process Is the Punishment, Malcolm Feeley documented severe administrative burdens faced by arrestees before judgment of guilt or innocence. I investigate the persistence of this dynamic in light of modern "proactive policing" tactics that bring millions of people into contact with the criminal justice system.

Methods: I match records of police encounters with court data on arrest processing to construct a unique dataset tracing more than 100,000 arrests …

The Costs Of "Broken Windows" Policing: Twenty Years And Counting, K. Babe Howell

Cardozo Law Review

No abstract provided.

How Bad Arrests Lead To Bad Prosecution: Exploring The Impact Of Prior Arrests On Plea Bargaining, Besiki Luka Kutateladze, Victoria Z. Lawson

Cardozo Law Review

Arrests and arrest records play an important role in the criminal justice system. Police agencies customarily use suspects' prior record for investigative purposes, and courts use this information to set bail. Yet many arrest practices, and particularly stop-and-frisk, have long been criticized for disproportionately targeting young black and Latino men, and for their overall negative effect on communities of color. Not surprisingly then, arrest practices have received much attention, including among legal scholars and social scientists. However, what effect a prior arrest record has on other decision points, including prosecutorial decision making, is relatively unknown. In particular, we have a …

The Never Ending Tale: Racism And Inequality In The Era Of Broken Windows, Jonathan Oberman, Kendea Johnson

Cardozo Law Review

No abstract provided.

Introduction: Broken Windows: Restoring Social Order Or Damaging And Depleting New York's Poor Communities Of Color?, Jonathan Oberman, Kendea Johnson

Cardozo Law Review

No abstract provided.

Broken Windows Policing And Community Courts: An Unholy Alliance, Robin Steinberg, Skylar Albertson

Cardozo Law Review

No abstract provided.

The Degradation Of Civil Society And Hyper-Aggressive Policing In Communities Of Color In New York City, Donna Lieberman, Kara Dansky

Cardozo Law Review

No abstract provided.

Cardozo School Of Law Launches The Center For Rights And Justice, Benjamin N. Cardozo School Of Law

Cardozo News 2016

No abstract provided.