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Articles 211 - 240 of 448
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Loyalt's Reward - A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
Loyalt's Reward - A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
Fordham Urban Law Journal
This Article analyzes white-collar female crime and compares several high profile cases to those of regular female offenders. It uses government statistical data on female crime to paint a portrait of the female offender. It then compares the prosecution of "street-level" and white-collar female offenders. The Article discusses the prosecutions of Martha Stewart, Betty, Vinson, and Lea Fastow. The Article argues that these women often share a similar trait of committing the crime out of loyalty to a man engaged in wrong-doing.
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo
Fordham Urban Law Journal
In United States v. Booker, the Supreme Court held that the Federal Sentencing Guidelines are no longer mandatory, yet still instructed sentencing courts to continue to advise the Guidelines. In light of this expanded judicial discretion, post-Booker cooperation, or 5K1.1, motions made by the government are of particular interest because it can have the potential to increase the court’s power while simultaneously limiting a prosecutor’s discretion by departing from the guidelines without any motion made from the government. While most appellate courts have been reluctant to affirm sentences that have been substantially departed from the guidelines in the absence of …
A Dangerous Mix: Mandatory Sentence Enhancements And The Use Of Motive, Joshua S. Geller
A Dangerous Mix: Mandatory Sentence Enhancements And The Use Of Motive, Joshua S. Geller
Fordham Urban Law Journal
The comment begins with a story about an attack that took place against a homosexual where the attacker was then charged with a hate crime because he attacked a homosexual and seemingly was motivated by the victims sexual preference. The resulting strict punishment was based on motive and the comment discusses whether it is a good idea to mandate stricter punishment for crimes based on different kinds of motives. The comment then explores the differences between intent and motive, examines motive in the view of conspiracies based on Pinkerton liability and such, and looks at motive in the context of …
Policing Post-9/11, Robert J. Louden
Policing Post-9/11, Robert J. Louden
Fordham Urban Law Journal
This paper therefore is an attempt to consider post-September 11 law enforcement activities in the context of organized policing in America. Many concepts and procedures used as illustrations have been undertaken by various police agencies. This demonstrates how previously accepted police practices may be changed in part by reaction to crisis legislation or other influences. New York City programs may or may not serve as benchmarks for other agencies. In these times of threat and response some important factors about preparing police for role change became apparent. First, there is a need to specify the new reality and determine what …
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal
The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …
Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy
Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy
Fordham Urban Law Journal
This Article addresses the biases confronting sexual minorities in the legal system. The author calls upon the legal community including bar associations, judicial councils and conferences, and law schools to recognize that bias against sexual minorities exists and they should devote sufficient resources to allow for comprehensive study of this problem and for the education of the bar and the public. Furthermore, the Article points out that this bias against sexual minorities among key players in the legal system may actually be a factor in the imposition of the death penalty. The author points out the inattention this bias against …
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Fordham Urban Law Journal
This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.
Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman
Housing Gideon: The Right To Counsel In Eviction Cases , Rachel Kleinman
Fordham Urban Law Journal
While the legal system recognizes an indigent’s constitutional right to counsel in a criminal trial the same is not true with respect to civil cases. This Comment examines this legal reality by focusing specifically on an indigent’s inability to gain access to counsel within the confines of eviction proceedings. The author lays out the arguments for both those who favor recognizing an indigent’s right to counsel in eviction proceedings and those opposed to recognizing that right. Ultimately, absent an indigent’s access to counsel in these civil cases, their ability to have any sort of meaningful access to justice is seriously …
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner
Fordham Urban Law Journal
On October 18, 2003, more than one hundred professionals from the five boroughs of New York City came together to identify, evaluate, and begin to solve some of the complex problems embedded in the culture, operations, and practice in New York City's Criminal Courts. The conference planners focused on five problems that have undermined the pursuit of justice in New York City’s Criminal Court system for decades. The first group, Arraignment Norms, Practices and Culture, targeted professionalism and justice at the first and often last court appearance for people arrested and charged with misdemeanor crimes in New York City. The …
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts
Fordham Urban Law Journal
Unlike rules governing discovery in civil cases, which require that the two sides exchange most information about their respective cases, criminal discovery result in a much more limited flow of information. Many commentators, for many years, have called for the liberalization of criminal discovery statutes and rules. Indeed, some states have heeded the call. But about a dozen states follow the highly restrictive federal rule, which is premised in part on the idea that a defendant should not be entitled to witness names or statements for pretrial investigation, but rather only for cross-examination purposes should the case ever get to …
Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg
Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg
Fordham Urban Law Journal
This Comment addresses the issue of whether, and under what circumstances, a lawyer’s communications with a public relations expert, whose advice is only valuable to the extent that it is communicated fully and freely with the attorney, will be protected by the attorney-client privilege. This Comment focuses on the role of public relations firms in the criminal law context, where constitutional concerns often arise. The author begins by laying out the history and background of the attorney-client privilege, and how the defense lawyer’s role has changed as a result of the rise of mass media. The Comment then goes on …
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Fordham Urban Law Journal
This article surveys, in non-technical language, various econometric studies on the correlation between changes in access to abortion (whether through legalization, increased public funding, increased safety, etc.) and social phenomena such as sexual activity, crime, and opportunities for women. It argues that many econometrics-based abortion studies are contentious, often yielding varying results depending on the stakes of those commissioning the studies, and often too technical to be useful to policy-makers. As a result of these shortcomings, the author calls for methodological soundness and publication for a more general audience for those social scientists who want to enter the reproductive rights …
Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard
Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard
Fordham Urban Law Journal
Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
The Adjudication Of Minor Offenses In New York City, Ian Weinstein
Fordham Urban Law Journal
American criminal justice is founded on overcriminalization and discretion. Our legislatures have long criminalized much more conduct than can be effectively sanctioned. American police and prosecutors have been granted virtually unreviewable authority (discretion) to allocate investigative and prosecutorial resources. Minor crimes absorb the bulk of our ordinary, local enforcement efforts and there is an endless supply of minor crime, which may be pursued. With minor offenses, discretion is critical at all phases. This article argues that criminal courts, where ninety percent of all cases are heard, could benefit from reform. The author argues for the development of the record so …
Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels
Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels
Fordham Urban Law Journal
State and federal statutory restrictions limit the civil rights of individuals with criminal records and create a barrier to reentry into society. The article explores eight specific areas of restriction: (1) ability to obtain employment, (2) eligibility for public housing, (3) eligibility for public assistance and food stamps, (4) eligibility for student loans, (5) access to records for non-criminal justice purposes, (6) voting rights, (7) drivers' licenses privileges, and (8) rights to be foster and adoptive parents. Finally, the article argues that the government has an obligation ensure fairness and opportunities to reenter society for people with such records.
Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward
Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward
Fordham Urban Law Journal
This Essay attempts to pull together the various threads of thought regarding the relationships between gender, race, and class within the justice system, and suggests possible patterns that could be used to create holistic images of female offenders. Part I provides a brief overview of the various explanations used over time to account for criminal behavior by women. Part II details the ways in which gender can affect the processes of the criminal justice system. Part III discusses the impact that race can have on the female offender's experience in the system. Part IV briefly overviews the types of influences …
Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick
Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick
Fordham Urban Law Journal
This article asses what is known and what remains to be understood about problem-solving courts. Specifically, the article asserts that drug courts serve a needy population, court mandated treatment programs have higher retention rates, those who participate longer have better outcomes, those in drug courts had lower rates of recidivism, drug use, and that graduated sanctions have statistically significant impact on offenders behavior, sanctions are crucial to the model's effectiveness, post-program studies are sparse, drug courts are less costly than traditional adjudication, but cost savings for jail and prison beds are less clear. The article also addresses questions that remain …
La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal
La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal
Fordham Urban Law Journal
This essay discusses how Family Justice and La Bodega de la Familia respond to the diverse challenges of reintegration post incarceration. It also discusses the benefits of a model of judicial supervision that recognizes individuals' social locations within their families and communities. With the goal of producing more effective and humane prisoner reintegration, especially in the context of drug offenses, the Authors recommend family case management. They additionally encourage parole and criminal justice practice to shift its focus from the individual parolee to families and their strengths.
The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson
The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson
Fordham Urban Law Journal
The Fordham Law Drug Policy Reform Project planned and executed the debate, "America's Oldest War: The Efficacy of United States Drug Policy," on April 23, 2002 at the end of the organization's first year. The goal of the debate was to bring to one forum the leading voices at both ends of the drug policy spectrum. Professor John Nicholas Iannuzzi moderated, giving each speaker three minutes to answer each question from the floor. Over one hundred and twenty professionals, students, and community members attended the debate.
Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese
Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese
Fordham Urban Law Journal
This Essay dispels common myths put forward by drug war advocates and describes more effective alternatives available than present policy contemplates. We all want to prevent adolescent drug abuse, protect the health and safety of the community, deny drug profits to terrorists and other criminals, and develop a drug policy that works and is based on our common humanity, as well as on research and reality, rather than myth and rhetoric. The essential paradigm shift that needs to occur is to move away from a policy dominated by law enforcement . . . and toward a policy based on public …
You Have A Right To Remain Silent, Michael Avery
You Have A Right To Remain Silent, Michael Avery
Fordham Urban Law Journal
The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …
Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin
Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin
Fordham Urban Law Journal
This Study is one of the first to look at the mentally ill during the pre-arraignment process. The pre-arraignment process is an excellent place to identify individuals with mental health and substance abuse problems, to examine those problems, to consider legal interventions, such as diversion or routing to specialized courts, for instance, drug and mental health courts, and to plan for community mental health, substance abuse, health, and social service interventions. Following a brief review of the literature on rates of substance abuse and mental health problems for ciminal justice populations, the process from arrest to arraignment in Kings County …
Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin
Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin
Fordham Urban Law Journal
This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Fordham Urban Law Journal
This article offers a number of suggestions concerning how judges should act in problem solving court contexts to spark the motivation of the individual to achieve rehabilitation and increase compliance with treatment. The proposals are derived from psychological literature in other contexts but further analysis and empirical research is needed. The article finds that therapeutic jurisprudence can contribute to the functioning of problem solving courts which can refine therapeutic jurisprudence approaches.
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz
Fordham Urban Law Journal
This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris
Fordham Urban Law Journal
An overview of different topics covered by the journal throughout the years.
Due Process And Problem Solving Courts, Eric Lane
Due Process And Problem Solving Courts, Eric Lane
Fordham Urban Law Journal
This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Fordham Urban Law Journal
This article offers a number of suggestions concerning how judges should act in problem solving court contexts to spark the motivation of the individual to achieve rehabilitation and increase compliance with treatment. The proposals are derived from psychological literature in other contexts but further analysis and empirical research is needed. The article finds that therapeutic jurisprudence can contribute to the functioning of problem solving courts which can refine therapeutic jurisprudence approaches.
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris
Fordham Urban Law Journal
A general overview of the journal's progress and publications.
Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty
Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty
Fordham Urban Law Journal
A review of available statistical information shows the irreversible and detrimental impact on parents and children of family separation due to imprisonment. Specifically, it looks to data on parental incarceration, the impact of incarceration upon families, and the difficulties of remedying the consequences to families of parental incarceration. Finally, the Article argues that alternatives to imprisonment should be used where the parent is not subject to high security confinement and that the parental role should be a relevant factor in sentencing.