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Fordham Urban Law Journal

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Due Process And Problem Solving Courts, Eric Lane Jan 2003

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.

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Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin Jan 2003

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 …

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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 Jan 2003

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 …

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The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris Jan 2003

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.

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Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz Jan 2003

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 …

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The Fordham Urban Law Journal: Twenty Years Of Progress, Constantine N. Katsoris Jan 2003

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.

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Life, Liberty, And The Pursuit Of Terrorists: An In-Depth Analysis Of The Government's Right To Classify United States Citizens Suspected Of Terrorism As Enemy Combatants And Try Those Enemy Combatants By Military Comission, Amanda Schaffer Jan 2003

Life, Liberty, And The Pursuit Of Terrorists: An In-Depth Analysis Of The Government's Right To Classify United States Citizens Suspected Of Terrorism As Enemy Combatants And Try Those Enemy Combatants By Military Comission, Amanda Schaffer

Fordham Urban Law Journal

This Comment explores the government's right to treat citizens as enemy combatants and whether their trials should be by military commissions or by the non-military criminal justice system. It gives background information and explains the source of the government's right to determine enemy combatant status and to use military commissions. This Comment also describes the distinctions between a military trial and a regular criminal trial and explains the status of two cases regarding American citizens declared to be enemy combatants. The Comment goes on to explain why the government wants to use military commissions to try terrorists and the advantages …

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Barred From The Vote: Public Attitudes Toward The Disenfranchisement Of Felons, Brian Pinaire, Milton Heumann, Laura Bilotta Jan 2003

Barred From The Vote: Public Attitudes Toward The Disenfranchisement Of Felons, Brian Pinaire, Milton Heumann, Laura Bilotta

Fordham Urban Law Journal

This article explores public attitudes toward the disenfranchisement of felons. Using survey research methods -- Computer Assisted Telephone Interviewing of 503 randomly selected adults -- the authors posed questions related to the purpose of the criminal justice system, public attitudes about treatment and punishment of felons, and public support for the disenfranchisement of felons. The data is aggregated and sorted based on ethnicity, gender, political affiliation, and education. The data demonstrates that the American public does not support permanent disenfranchisement of convicted felons but that it does support some limitations. The authors first review state laws and legal/political issues implicated, …

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Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland Jan 2003

Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland

Fordham Urban Law Journal

This Article identifies and estimates the ecological dynamics of increasing spatial and social concentration of incarcerated individuals in urban neighborhoods using data from New York City between 1985 and 1997. It argues that this dynamic becomes self-sustaining and reinforcing over time. In conclusion, the Article discusses how high incarceration rates impact the relationships between citizens and the law, directly affecting residents and influencing policy preferences of non-residents.

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Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner Jan 2003

Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner

Fordham Urban Law Journal

This article addresses civil commitment of sexually predatory offenders. It first outlines the most common American approaches to controlling sexual offenders, then details the German concept of Sicherungsverwahrung and greater state control, and finally proposes adopting a modified German approach that assures proportionality and public safety without sacrificing individual liberties. The article concludes by arguing that criminal penalties and safety-based detention should both be seen as elements of social control, which requires that safety measures with clearly punitive components be recognized as part of the punishment process.

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Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin Jan 2003

Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin

Fordham Urban Law Journal

Traditionally, collateral sanctions are viewed as civil measures designed to prevent undue risk by proven lawbreakers. If a collateral sanction were a criminal penalty instead, that would trigger constitutional provisions like the Ex Post Facto Clause, which would mean the sanction could not be imposed retroactively. This Article argues that collateral sanctions based on conduct and not conviction indicate a civil regulatory measure, but that when the sanctions only apply in the event of conviction, the sanction looks more like punishment. Conviction is not the only way to show risky conduct, and it is the conduct that civil sanctions should …

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Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love Jan 2003

Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love

Fordham Urban Law Journal

Convicted felons have no realistic hope of full reintegration into society when jurisdictions do not provide for eventual removal of collateral penalties and when relief mechanisms are insufficient or ineffective. Because Americans are uncomfortable with such an unforgiving system and states are considering the economic burdens of such a system, jurisdictions should take steps to limit the scope and duration of these collateral consequences. This Article proposes a legal framework aimed to fully reintegrate an offender into society post incarceration. It urges a return to the reforms of the 1960s and 70s, the ABA Standards on Collateral Sanctions, and Section …

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Determining The Retroactive Effect Of Laws Altering The Consequences Of Criminal Convictions, Nancy Morawetz Jan 2003

Determining The Retroactive Effect Of Laws Altering The Consequences Of Criminal Convictions, Nancy Morawetz

Fordham Urban Law Journal

This Article explores when laws altering the consequences of conviction can retroactively apply. It traces the roots of the current emphasis on plea agreements to the current confusion about how to determine retroactivity in cases involving quasi-economic transactions and those involving wrongful conduct. Using I.N.S. v. St. Cyr, 533 U.S. 298 (2001), it focuses on the open issue of the date against which new legal consequences are measured. Finally, the Article argues that reliance is an improper indicia of retroactivity for laws governing wrongful conduct and that the proper question is whether the offender had fair notice of the degree …

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Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey Jan 2003

Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey

Fordham Urban Law Journal

Georgia Justice Project has a unique approach to criminal defense and rehabilitation which is based on a relationship and community-oriented ethic. Focused on only accepting clients who are willing to make a serious commitment to changing their lives, the GJP ensures that the client moves beyond social, emotional and personal challenges that contributed to their legal problems. This article describes the unique factors of the GJP that have contributed to its continued success.

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"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader Jan 2003

"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader

Fordham Urban Law Journal

This essay will critique the Georgia Justice Project's encouragement of confessions in the context of the secular American justice system via comparison with the treatment of confessions under ancient Jewish law. Specifically, this essay posits that the absolute prohibition on the use of confessions in a legal system firmly rooted in religious values recognizes the danger inherent in combining the act of speaking of one's sins for religious penance with the use of such confessions in the criminal adjudication process. The Jewish legal system avoids these inherent dangers by completely devaluing the accused's confession. The GJP, in contrast, merges the …

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It Takes A Region , Angela Glover Blackwell Jan 2003

It Takes A Region , Angela Glover Blackwell

Fordham Urban Law Journal

Suburbanization and sprawl present new issues and challenges of regional inequity and equal opportunity. As awareness of the effects of the impacts of uneven and unhealthy development patterns grow, the debate for dealing with the fallout of sprawl is being taken up and policy agenda is emerging to address smart growth. With the emergence of the region rather than the city as the dominant economic and social geographic unit and key policy changes, the article propounds that the mistakes of the past fifty years can be reversed and regional equity achieved. The article makes it clear that life changes are …

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An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson Jan 2003

An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson

Fordham Urban Law Journal

Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …

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Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees Jan 2003

Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees

Fordham Urban Law Journal

The King County formed the Task Force on the Use of Criminal Sanctions as part of the King County Bar Association's Drug Policy Project to examine current criminal sanctions related to the non-medical use of drugs both in Washington and on the federal level. The founders charged the Task Force with the goal of assessing the effectiveness of criminal sanctions in reducing both illegal drug use and drug-related crime, and assessing the public costs associated with the use of criminal sanctions. The Task Force drew specific conclusions regarding the state response to drug use and the provision of drug addiction …

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The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala Jan 2003

The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala

Fordham Urban Law Journal

Although police departments across the country have attempted to ameliorate the hostility between police officers and the cumminity, through careful screening of applicants, minority recruitment, and community policing, police brutality remains a problem within our urban cities. This Essay will first argue that police brutality is largely ignored. Second, it will examine the obstacles facing local and federal prosecutors in obtaining convictions. Then it will compare the advantages and disadvantages of delegating primary responsibility for these cases to the state versus the federal level. Finally, it will argue that, although there are obstacles and advantages for both local and federal …

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The Public Is Willing, Margot Lindsay, Mary K. Shilton Jan 2002

The Public Is Willing, Margot Lindsay, Mary K. Shilton

Fordham Urban Law Journal

This Article discusses the importance of public outreach and education in the judicial system. The Article advocates for various court-sponsored outreach programs to increase citizen contact with the courts for problem solving purposes. It also addresses such alternatives as community courts and neighborhood advisory boards. It discusses measures taken by state courts to increase communication with underrepresented communities. It concludes by making suggestions to improve outreach programs.

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Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening Jan 2002

Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening

Fordham Urban Law Journal

This article discusses Maryland's Smart Growth and Neighborhood Conservation Initiative, the nation's first statewide, incentive-based program to reduce the impact of urban sprawl. It has been used as a model by other states and espouses the notions that no growth is bad and the economy and environment are intertwined. Maryland attempts to change the bottom line of development decisions by making it more attractive and less costly to build in designated growth areas. The article identifies the next steps in Maryland's Smart Growth initiative and concludes that Maryland and the United States must be successful in these and similar efforts …

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Alternative Approaches To Problem Solving, Susan Finlay, Richard Hopper, Derek Denckla, John Goldkamp Jan 2002

Alternative Approaches To Problem Solving, Susan Finlay, Richard Hopper, Derek Denckla, John Goldkamp

Fordham Urban Law Journal

No abstract provided.

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The Changing Face Of Justice: The Evolution Of Problem Solving, Joseph Gubbay, Morris Hoffman, Martin Karopkin, Marilyn Roberts, Bruce Winick, Lisa Smith Jan 2002

The Changing Face Of Justice: The Evolution Of Problem Solving, Joseph Gubbay, Morris Hoffman, Martin Karopkin, Marilyn Roberts, Bruce Winick, Lisa Smith

Fordham Urban Law Journal

No abstract provided.

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The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson Jan 2002

The Nexus Between Technology And Problem Solving, James Mcmillan, Robert Russell, Mina Kimmerling, Mark Thompson

Fordham Urban Law Journal

No abstract provided.

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What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small Jan 2002

What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small

Fordham Urban Law Journal

No abstract provided.

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The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks Jan 2002

The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks

Fordham Urban Law Journal

No abstract provided.

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Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White Jan 2002

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White

Fordham Urban Law Journal

This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.

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Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah Jan 2002

Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah

Fordham Urban Law Journal

This article argues that law school clinics are a means of providing positive change in representation in community development. Through a detailed case analysis of the Philadelphia Community Development Credit Union, the article illustrates how most technical assistance providers perpetuate an economic development structure which is contrary to consumer demand. These technical assistance providers carry out the goals and plans of the project funders (a top down approach) rather than focusing on the demands of the consumers. Community development clinics can step outside of the current market structure because they receive funding from independent sources and are thus able to …

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The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner Jan 2002

The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner

Fordham Urban Law Journal

No abstract provided.

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What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter Jan 2002

What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter

Fordham Urban Law Journal

No abstract provided.

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