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Racial Disparities In Sentencing: Implications For The Criminal Justice System And The African American Community, Ngozi Caleb Kamalu, Margery Coulson-Clark, Nkechi Margaret Kamalu

African Journal of Criminology and Justice Studies

This paper analyzes the consequences of discriminatory sentencing on the African American community. The intent is to review factors that contribute to the over-representation of African Americans in the prison system and to analyze the way that the judicial system maintains these disparate numbers through practices and procedures, racial profiling, historical biases and quasi legal procedures sanctioned by the mainstream process under the guise of law and order. Review of the literature,extensive meta- analysis and statistics confirms and support the statistics presented and the finding provided. The results of these harsh and disparate sentencing are resulting in the weakening and …

2010 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

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

Presiding:

Morton Lowengrub, Provost and Senior 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:

Leslie E. Payson, Co-Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1991

Remarks:

Matthew Diller, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

The Honorable Cyrus R. Vance, Jr., New York County District Attorney

Alumni Greetings: …

Organizing Competition And Cooperation After American Needle, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Granite State College 2010-2011 Catalog, Granite State College

Granite State College Catalogs

No abstract provided.

State Constitutional Challenges To Indigent Defense Systems, Stephen F. Hanlon

Missouri Law Review

For many years, the primary vehicle that advocates used to protect the fundamental right of the accused to the effective assistance of counsel was the Sixth Amendment to the United States Constitution, as incorporated to the states by the Fourteenth Amendment. For some time, most obviously during the Warren Court years, this federal strategy proved fruitful; indeed, it resulted in a series of landmark decisions by the United States Supreme Court that impact indigent defense systems to this day. A subsequent sea change in the Court's jurisprudence, however, which placed great emphasis on federalism, particularly the doctrines of justiciability and …

The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins

UF Law Faculty Publications

Over the past twenty years, most American courthouses have been wired with audio and video recording equipment to enhance security and economize on court reporting costs. These in-house alterations have an overlooked consequence for appeals. The mere existence of these recordings of all courtroom occurrences will unavoidably change the way appeals are handled and reviewed.

Appellate courts will need to make new types of decisions on whether to accept the audio-video recordings as appellate records or continue the reliance on transcripts and items entered into evidence. If the appellate courts do not accept audio-video recordings as appellate records, or if …

Legal Representation For The Poor: Can Society Afford This Much Injustice, Stephen B. Bright

Missouri Law Review

A New Yorker cartoon depicts a lawyer facing his client, asking the critical question: "You've got a pretty good case, how much justice can you afford?" Of course, the promise is equal justice for all. But that is an aspiration, not reality. The poor person accused of a crime cannot afford any justice. So how much justice is society going to provide? Competent counsel for the accused, with the resources needed for investigation and consultation with experts, is essential for the proper working of our adversary system of justice. States can afford to provide high quality representation for the accused …

Ensuring The Ethical Representation Of Clients In The Face Of Excessive Caseloads, Peter A. Joy

Missouri Law Review

This Article is divided into three substantive parts. First, I begin with a short discussion of the most important criminal justice right guaranteed to each of us under the Bill of Rights - the Sixth Amendment right to assistance of counsel. For most Americans, the right to counsel is obtained through indigent defense providers, and the quality of the representation is inextricably tied to three lesser known rights, or perhaps wishes, found in the Public Defender Bill of Rights: "[t]he right to meaningful, weighted caseload standards"; "[t]he right to judges who understand my [the public defender's] role in the [justice] …

Litigating The Ghost Of Gideon In Florida: Separation Of Powers As A Tool To Achieve Indigent Defense Reform, Wayne A. Logan

Missouri Law Review

In this Article, I will discuss the Miami-Dade "excessive caseload" litigation, which continues to unfold in Florida's appellate courts. In doing so, I will offer some thoughts on the separation of powers implications of the aforementioned statute, which, other than a similar provision adopted in Coloradol7 that has gone unchallenged, stands alone in the nation.

Protecting The Innocent: Part Of The Solution For Inadequate Funding For Defenders, Not A Panacea For Targeting Justice, Robert P. Mosteller

Missouri Law Review

In this Article, I examine an important connection between society's concern with innocence - fueled by numerous wrongful convictions revealed by newly available DNA testing - and past and future progressive changes in criminal justice practices and policy. In Why Defense Attorneys Cannot, But Do, Care About Innocence (Caring About Innocence), I argued that, while the drive to protect the innocent has the potential to divide progressives in their support of indigent defense if targeting reforms only at the innocent is seen as possible, concern for innocence should instead drive a renewed effort to secure adequate funding for representing all …

Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn From Their Lawyers' Mistakes?, Bruce A. Green

Cardozo Law Review

Prosecutors, criminal defense lawyers, judges, and legal academics from around the country recently met at the Benjamin N. Cardozo School of Law in New York to discuss prosecutors' compliance with their disclosure obligations. The overarching question was how prosecutors' offices could do a better job. To assist representatives of the legal profession in approaching this question from new directions, the Symposium organizers invited speakers from outside the legal profession to talk about the causes of error and methods used to reduce error in other contexts. One of the themes was that, outside the practice of law, individuals and institutions learn …

Booker Reconsidered, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.

Preventive Adjudication, Samuel L. Bray

University of Chicago Law Review

This Article identifies, justifies, and explains the parameters of a largely ignored but important category of cases—what is here called "preventive adjudication." In this category of cases, courts offer opinions without any "command" to the parties, and these opinions are meant to avoid future harm, not remedy past harm. Despite receiving little attention in the legal literature, preventive adjudication is pervasive throughout the law. It happens in declaratory judgment actions about wills, patents, and unconstitutionally vague statutes; in paternity and maternity petitions; in petitions to have missing persons declared dead; in boundary disputes; in actions to quiet title. This Article …

Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow

Cardozo Law Review

No abstract provided.

Missouri's Public Defender Crisis: Shouldering The Burden Alone, Sean D. O'Brien

Missouri Law Review

Though this Article criticizes the quality of defense provided by overburdened defenders, it is written with the hope that adequate resources may one day make it possible for them to perform their vital function effectively. Public defenders perform socially and legally significant work every day. They are not to blame when the conditions under which they labor make it impossible to do their jobs. To fix this broken system, Missouri must first understand the scope and roots of the problem. Part II of this Article discusses Missouri's reluctant implementation of right to counsel since Gideon v. Wainwright and the State's …

Epiphenomenal Indigent Defense, Darryl K. Brown

Missouri Law Review

There are some much-studied, recurring social events and behaviors that, although centrally important to public policy and social life, have proven intractable to explanation and prediction. As currently salient examples, consider stock market crashes and recessions. Economists cannot consistently see them coming nor explain them after the fact in consistent detail. Another example is crime rates, which rise, and in recent decades fall, without any discernable strong causal link to familiar variables such as employment or imprisonment rates. This Article describes why we can add state funding for indigent defense counsel to that list and what this conclusion means for …

Review Of Homelessness In America (3 Volumes). Robert Hartman Mcnamara. Reviewed By John Q. Hodges., John Q. Hodges

The Journal of Sociology & Social Welfare

Book review of Robert Hartman McNamara, Homelessness in America (3 Volumes). Westport, CT: Praeger Publishers, 2008. $300.00 hardcover.

Psc 471.01: American Constitutional Law, James J. Lopach

University of Montana Course Syllabi

No abstract provided.

Psc 344.01: State And Local Government, Jeffrey D. Greene

University of Montana Course Syllabi

No abstract provided.

Trimming Confrontation's Claws: Navigating The Uncertain Jurisprudential Topography Of The Post-Melendez-Diaz Confrontation Clause, Oliver M. Gold

Loyola of Los Angeles Law Review

No abstract provided.

Is Life The Same As Death?: Implications Of Graham V. Florida, Roper V. Simmons, And Atkins V. Virginia On Life Without Parole Sentences For Juvenile And Mentally Retarded Offenders, Natalie Pifer

Loyola of Los Angeles Law Review

No abstract provided.

Police Misconduct And Liability: Applying The State-Created Danger Doctrine To Hold Police Officers Accountable For Responding Inadequately To Domestic-Violence Situations, Milena Shtelmakher

Loyola of Los Angeles Law Review

No abstract provided.

Agents Or Victims? Youth Sex Workers On The U.S.-Mexico Border, Yasmina Katsulis

Wagadu: A Journal of Transnational Women's & Gender Studies

The everyday lives of youth sex workers remain largely ignored in global debates about the impact of criminalization and policing on sex workers. Youth sex workers are often portrayed as victims of commercial child sexual exploitation, with little acknowledgement of their everyday worlds. Using data from a mixed method study with youth and adult sex workers in Tijuana, this paper will explore the occupational experiences of youth sex workers within a social context where many adult sex workers have obtained a quasi-legal status, as well as the consequences of age status with respect to occupational risks and hazards.

“Some Of Them, They Do Right; Some Of Them, They Do Wrong”: Moral Ambiguity And The Criteria For Help Among Street Sex Workers, Jill Mccracken

Wagadu: A Journal of Transnational Women's & Gender Studies

Debates surrounding criminalization and legalization are often polarized and occur without including the experiences and expertise of street workers. This article places street sex workers at the center of this conversation and offers perspectives on how these women can “get help” in the context of a system that criminalizes sex work. Drawing on an ethnographic study conducted in a large city in the southwestern United States, I rhetorically analyze how street workers talk about these issues, which brings to the surface the contradictions and complicated existence of sex work while providing insights into how these systems might be rehabilitated.

The Consequences Of Arbitrary And Selective Enforcement Of Prostitution Laws, Norma Almodovar

Wagadu: A Journal of Transnational Women's & Gender Studies

In policing criminal activity, law enforcement agents cannot simply choose which rapist, thief or murderer to search for and apprehend, as it is their duty to arrest, prosecute and punish every individual who commits such crimes. Yet this is not the case with policing sex work, as anti-prostitution laws are often arbitrarily enforced and police are frequently given opportunities for intimacy by choosing which victim/perpetrators they will arrest. Drawing upon multiple case studies regarding police abuse of authority as well as my own experiences as a former LAPD traffic officer and sex worker, this paper demonstrates the consequences of such …

From The Field, Sienna Baskin, Thaddeus Blanchette, Gregory Mitchell, Jayne Swift

Wagadu: A Journal of Transnational Women's & Gender Studies

These short pieces, written by individuals engaged in sex work-related activism and scholarship, are intended to provide a snapshot of ongoing social justice efforts regarding this highly politicized issue. In the following commentaries, Sienna Baskin documents U.S. efforts to provide legal aid to sex workers and victim-survivors of sex trafficking, Thaddeus Blanchette describes a Brazilian prostitute’s campaign for a seat in Congress, Megan Morgenson speaks to the need to incorporate sex workers’ perspectives into anti-trafficking initiatives, Sarah Jenny Bleviss documents new mobile phone technology designed to help U.S. sex workers navigate the risks they face working in a criminalized profession, …

Becoming An Undercover, Mitch Librett

Bridgewater Review

For two years, beginning in 2004, Mitch Librett left his day job as a Shift Commander in his own police department at 4 o’clock, 3 afternoons per week, donning old clothing to assume the role of narcotics investigator with the Special Investigations Unit of another police jurisdiction. He conducted in-depth interviews with these undercover police officers, eventually gaining their trust and confidence. Dr. Librett is currently writing a book about his research. Qualitative research of this sort is often rooted in the personal experiences of the researcher. It also benefits from a careful and honest examination of this history by …

A Content Analysis Of Criminal Justice Policy Review, 1986-2008, Philip M. Stinson, Jennifer L. Huck, Jason D. Spraitz

Criminal Justice Faculty Publications

Academic disciplines have been characterized as static institutions that do not change or conform to outside forces. Abbott (1999) and Silbey (2000) have discussed this issue in relation to how the history of refereed journals in the social sciences can provide information on department, institution, and disciplinary changes that often wear a false guise of continuity. This paper analyzes the content of Criminal Justice Policy Review by replicating the methodology Silbey (2000) used to study the content of Law & Society Review in terms of editorship, authorship, article contents, method and mode of research, and article topics. The results indicate …

The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Krugman Ray

Dickinson Law Review (1908-2003)

No abstract provided.

Editorial: What Is Criminology? A Control-Freak Discipline!, Biko Agozino

African Journal of Criminology and Justice Studies

No abstract provided.