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Fordham Urban Law Journal

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Articles 421 - 448 of 448

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Homelessness In A Modern Urban Setting, Mark Malone Jan 1982

Homelessness In A Modern Urban Setting, Mark Malone

Fordham Urban Law Journal

Homelessness in urban settings is a problem in increasing numbers, typically as a result of mental instability or unemployment. New York State Legislature has attempted to deal with the homelessness problem, and is at the forefront of those jurisdictions which accord legal rights to homeless people through court decisions and legislation. This note examines the historic causes of homelessness, the purpose of vagrancy and loitering statutes, and why they have proven ineffective in dealing with the enormity of the homelessness problem. The Note concludes that further additions should be made to the New York State Social Services Laws on the …

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Governmental Misconduct And The Right Of Liberty, Michael A. Vaccari Jan 1981

Governmental Misconduct And The Right Of Liberty, Michael A. Vaccari

Fordham Urban Law Journal

The due process clauses of the fifth and fourth amendments to the United States Constitution protect individuals from arbitrary and capricious government action. This article explores the violation of a criminal defendant's right to liberty when a conviction is the result of unreasonable law enforcement misconduct. The article examines the limitations placed on the actions of government officials contained in the fourth and fifth amendments and the defense of entrapment. It also offers an analysis of the nature and scope of the due process right of liberty, through a philosophical lens. This article finally posits the legal basis for recognizing …

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Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter Jan 1980

Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter

Fordham Urban Law Journal

This Note examines the differences between indeterminate sentencing, the goal of which is rehabilitative, and determinate sentencing. It looks at the constitutional and procedural safeguards due to prisoners at sentencing. Finally, the Note looks at legislation introduced in New York and its proposals for changing the sentencing procedures.

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The Legalization And Control Of Casino Gambling, Nelson Rose Jan 1980

The Legalization And Control Of Casino Gambling, Nelson Rose

Fordham Urban Law Journal

This article seeks to demonstrate that the spread of legalized gambling is inevitable as states recognize the immense revenue generating capabilities of casinos. However, in order to realize these revenues and take advantage of them, without incurring the potential negative social side affects, states must control and regulate casinos. Thus, this article examines, through their theoretical structure and practical realities, the four different methods for legalized casino gambling regulation: (1) Nevada's free enterprise model; (2) New Jersey's and Puerto Rico's tourist area revitalization model; (3) England's strict social control model; and (4) the model of complete or partial state ownership.

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Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad Jan 1980

Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad

Fordham Urban Law Journal

Previously, privacy rights had to be litigated under one of the four recognized tort claim of actions. With the advent of the computer age, it was argued that new causes of actions should be created to supplement the individually recognized privacy rights of the people. At the time this article was written, several privacy related bills were before congress. The note examines the benefits of the bills proposed, and the (justified) failure of the proposals to consider a single federal information data bank due to its inability to safeguard privacy. It also synopsizes the Subcommittee on Constitutional Rights' findings on …

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Selective Use Of The Executive Immunity Power: A Denial Of Due Process?, Howard Schwartz Jan 1980

Selective Use Of The Executive Immunity Power: A Denial Of Due Process?, Howard Schwartz

Fordham Urban Law Journal

Attacks on the government's power to grant immunity to cooperative witnesses have been premised on several grounds, including the due process clause of the fifth amendment. It is upon this clause that the United States District Court of the Southern District of New York based a decision that a defendant was denied due process when the government refused to immunize him after granting immunization to its own witnesses. This article examines traditional arguments against challenging a prosecutor's immunity discretion, the procedural and substantive factors necessary in substantiating a defendant's due process claim, and the effect of immunization on the government's …

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Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris Jan 1980

Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris

Fordham Urban Law Journal

Despite the many persuasive reasons for criminal discovery, its development in New York took place in a gradual, ad hoc manner. This led the New York State Legislature to enact the original article 240 in the Criminal Procedure Act (CPL) in 1971 which provided the courts with a consistent framework to discovery and significantly expanded an accused rights to evidence. This article provides a comprehensive overview of the original article 240, some significant problems that arose under it, and how the new enacted article 240 attempted to address the problems. The author then argues that the new statute could have …

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New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods Jan 1980

New York's Juvenile Offender Law: An Overview And Analysis, John P. Woods

Fordham Urban Law Journal

In response to the public outrage over the light sentencing of some of New York City's juvenile offenders who had committed heinous crimes, the legislature enacted the Crime Package Bill which made revisions to the entire justice system. The result was that New York was provided with some of the harshest juvenile justice systems in the country. This Article argues that the system is both ineffective and inefficient. First, the Article examines the historical development of the juvenile system, then the more recent reforms of the system, and finally the problems created by the Crime Package Bill.

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Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman Jan 1979

Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman

Fordham Urban Law Journal

With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.

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Discretionarily Enhanced Sentences Based Upon Suspected Perjury At Trial , Robert M. Wetterer Jan 1979

Discretionarily Enhanced Sentences Based Upon Suspected Perjury At Trial , Robert M. Wetterer

Fordham Urban Law Journal

A judge's discretion is a vital aspect of our judicial system. However, a judge must be cognizant of the impact that his decisions and his beliefs have upon a defendant's constitutional rights. This note addresses the concern of judges enhancing sentencing of defendants convicted of a crime because the judges feel that at trial, the defendant may have committed perjury. Ultimately, it is important that the defendant not be penalized without a proper trial or proceeding to determine whether or not perjury actually occurred. In doing so, rights are protected and justice is served.

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Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein Jan 1979

Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein

Fordham Urban Law Journal

This article addresses the need for appropriate mental health care in the prison system. Applying the eighth amendment's cruel and unusual punishment clause, the article outlines the current system for medical care and psychological programs within jails and prisons. Focusing on the deficiencies of medical care, the article proposes adding support to the modernization of mental health care by recognizing that the eighth amendment applies not just to the terms of imprisonment but to the availability of care.

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Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor Jan 1979

Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor

Fordham Urban Law Journal

This article contrasts the different approaches to dealing with entrapment: the due process rubric of the New York Court of Appeals and the predisposition framework set forth by the United States Supreme Court. The New York Court of Appeals reliance on government lawlessness rather than the Supreme Court's plurality focus on fourth and fifth amendment violations may cause less uncertainty and provide a better guidepost moving forward.

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Closure Orders: Safeguard Of Fair Trial Or Prior Restraint, John G. Luboja Jan 1979

Closure Orders: Safeguard Of Fair Trial Or Prior Restraint, John G. Luboja

Fordham Urban Law Journal

This note addresses the competing constitutional guarantees of freedom of the press and the right to a fair trial by one's peers. Examining New York's ruling in Gannett, the note traces the history of each right and explores the need for each to be protected. Ultimately, the note cautions a liberal interpretation of the Gannett decision and rather asks the Supreme Court to find a balance between the rights of the accused and the rights of the press.

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Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval Jan 1978

Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval

Fordham Urban Law Journal

This comment discusses prosecutions for arson, and more specifically the lack of successful prosecutions of "arson-for-profit," arson that is motivated by an intent to defraud an insurance company. The comment discusses the difficulties in proving arson under both common law and statutory schemes, and various ways to strengthen prosecution of arson fraud. Ultimately the comment concludes that cost may be the most significant obstacle to effective prosecution of the crime of arson, and the power of reform lies with the budget officers of the agencies and elected public officials.

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Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski Jan 1978

Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski

Fordham Urban Law Journal

Note examines the statutory law which provides for a grand jury in New York, the background of federal constitutional requirements, and New York court decisions which have interpreted the statutes when defendants or witnesses have challenged a grand jury for failing to conform to "the very idea of a jury," which is a body "composed of the peers or equals of the persons whose rights it is selected or summoned to determine his neighbors, fellows and associates.

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Note: Constitutional Chellanges To New York's Youthful Offender Statute, John M. Tyd Jan 1977

Note: Constitutional Chellanges To New York's Youthful Offender Statute, John M. Tyd

Fordham Urban Law Journal

New York's Youthful Offender Statute has been described as "humane and progressive legislation intended for the benefit of a youth who makes his first mistake and that he should not be branded as a criminal therefor..." In keeping with this philosophy, the statute provides a system whereby a youth (i.e., an individual between the ages of sixteen and eighteen) can avoid the serious consequences which result from being convicted of a crime. Upon determination that youthful offender status should be granted, the conviction is vacated and replaced with a youthful offender finding. Prior to 1975, those youths indicted for crimes …

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Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth Jan 1977

Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth

Fordham Urban Law Journal

Thomas G. Roth reviews Denial of Justice: Criminal Process in the United States by Lloyd L. Weinreb. In his book, Lloyd L. Weinreb argues persuasively that American criminal process not only falls short of being the best there is, but it denies us a system which we can properly call "just." Weinreb's work is divided into two sections. The first part, which comprises the bulk of the book, explains how criminal process works and, more significantly, how it has failed to achieve effectively the goals for which it was developed. In the second part, he describes in general theory an …

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A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher Jan 1976

A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher

Fordham Urban Law Journal

Monroe Freedman’s book is largely a reiteration of his unorthodox views, previously aired in various law reviews and other professional publications, regarding ethical standards that should govern the conduct of the trial advocate. Since his positions contradict the behavioral principles codified in two publications of the American Bar Association—the Code of Professional Responsibility and the Standards Relating to the Defense Function—the author adopts the apologetic strategy of impugning both the credibility and the viability of these precepts in order to justify his contrary stance and to clear the way for its general acceptance.

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Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga Jan 1976

Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga

Fordham Urban Law Journal

Historically, Anglo-American law has jealously guarded the right of an accused to have a speedy trial in a criminal prosecution. It is extended to defendants in federal cases by the sixth amendment to the Constitution. Through incorporation into the fourteenth amendment, the protection is likewise available to defendants in state prosecutions. Notwithstanding constitutional provisions and Supreme Court decisions, the concept of a speedy trial has always been ambiguous. Until recent times it has been considered a matter that could only be defined in the context of the special circumstances of individual cases. The right was said to be “consistent with …

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Judicial Selection In New York: A Need For Change, James Edward Lozier Jan 1975

Judicial Selection In New York: A Need For Change, James Edward Lozier

Fordham Urban Law Journal

On February 27, 1974 Chief Judge Charles D. Breitel of the New York State Court of Appeals addressed the New York Legislature regarding the "State of the Judiciary and Judicial System" and presented dramatic proposals for the reform of the New York state court system. In resurrecting the problem of court reform, the Chief Judge focused in part on one particularly controversial area-the selection of the judiciary. New Yorkers, as well as many other Americans, have become increasingly cognizant of the problem of inefficient administration of the judicial system by some of our nation's state and federal judges. A full …

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Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp Jan 1975

Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp

Fordham Urban Law Journal

Plaintiffs, detainees at the Manhattan House of Detention for Men (MHD), more commonly known as the "Tombs," brought suit for declaratory and injunctive relief against the Commissioner of Corrections of the City of New York, the warden, the mayor, and various state officials. Plaintiffs alleged that the conditions of their detention constituted a denial of their rights under the first, fifth, sixth, eighth, and fourteenth amendments. The United States District Court for the Southern District of New York found unconstitutional conditions did exist and ordered the city to submit a plan within thirty days to remedy the constitutional infirmities. Six …

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The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond Jan 1974

The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond

Fordham Urban Law Journal

The problem of prisons and prison reform has become a subject of much discussion and study in our country. It has been suggested that it is in society’s best interest to invest substantial resources to develop prisons as rehabilitation centers and not as factories of crime so ex-prisoners will return to society as useful citizens. Wright sets forth why crime and prisons will remain fundamentally the same until a radical change is made in society itself. Levels of crime in America are substantially the result of ‘political choices’. After establishing who goes to prison and why, Wright concludes that prisons …

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A Public Citizens’S Action Manual , Lisa H. Blitman Jan 1974

A Public Citizens’S Action Manual , Lisa H. Blitman

Fordham Urban Law Journal

The book proposes that court action should only be used as a last result and offers alternatives. It encourages the citizen to know the truth about various systems in our government and society and offers the reader information that can be used by the action oriented citizen to improve quality of life. Ross urges citizens to fight and become public interest advocates to seek change. Ralph Nader writes the introduction and explains that institutions of government and business are too large and distinct and that with a little help and interest from citizen-activists, government and businesses can be made ot …

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Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond Jan 1973

Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond

Fordham Urban Law Journal

This article addresses questions of criminal responsibility of drug addicts in light of Robinson v. California, holding criminal sanctions for a status of drug addiction to be unconstitutional under the eighth amendment. The article evaluates key court cases relating the insanity defense, and argues that in cases where addicts commit criminal acts as a result of drug addictions, the addict should not suffer criminal penalties but should instead be treated through rehabilitation facilities or other methods.

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Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis Jan 1973

Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis

Fordham Urban Law Journal

This comment analyzes and explains the major provisions of Title I of the proposed Victims of Crime Act of 1973, proposed federal legislation to compensate victims of criminal acts. The comment discusses the scope of compensation, limitations and requirements for recovery, and procedures for the disposition of claims.

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Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction Jan 1973

Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction

Fordham Urban Law Journal

This article evaluates New York Criminal Procedure Law increasing the number of cases requiring pre-sentence investigations and reports by analyzing the consequences and benefits of pre-sentencing reports. The article focuses on the delays in the criminal justice system and urges the New York State government to undertake a comprehensive review of the criminal justice system to determine whether plea bargaining is both the most effective and efficient method of achieving the system's goals. The article then suggests interim measures to be taken to alleviate delays produced by pre-sentence investigations.

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Book Reviews Jan 1973

Book Reviews

Fordham Urban Law Journal

Criminal Sentences Law Without Order by Marvin E. Frankel: This book discusses the crucial issues involved with sentencing by outlining the methods by which criminal defendants are sentenced and then offers possible remedies for improving the criminal justice system's sentencing guidelines. It addresses potential judicial incompetence with regard to sentencing, correctional facilities, and the lack of guidance in criminal codes. Super Tenant by John M. Striker and Andrew O. Shapiro: This book discusses the development and progress in the law of tenant's rights, including discussion of rent stabilization, landlord liability for tort damages, and more recent concepts such as the …

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Books Reviewed, Stephen M. David, John P. Curley, Mark H. Tuohey Jan 1972

Books Reviewed, Stephen M. David, John P. Curley, Mark H. Tuohey

Fordham Urban Law Journal

Reviews of Why Men Rebel, The Mugging and The police and the Public

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