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Articles 1 - 6 of 6
Full-Text Articles in Law
Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein
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.
Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor
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.
Closure Orders: Safeguard Of Fair Trial Or Prior Restraint, John G. Luboja
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.
Constitutional Law- Due Process-Denial Of Inspection Of Personal Institutional File Does Not Violate A Parole Applicant's Right Of Due Process In The Second Circuit, Rabun Huff Bistline
Constitutional Law- Due Process-Denial Of Inspection Of Personal Institutional File Does Not Violate A Parole Applicant's Right Of Due Process In The Second Circuit, Rabun Huff Bistline
Fordham Urban Law Journal
Case note regarding the due process rights for parole applicants. In Williams v. Ward, the second circuit reversed the lower court and acknowledged that at the very least, some due process rights are guaranteed but that the disclosure of the parole file is not constitutionally guaranteed.
Discretionarily Enhanced Sentences Based Upon Suspected Perjury At Trial , Robert M. Wetterer
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.
Warrantless Arrests In Homes: Another Crisis For The Fourth Amendment , Darren O'Connor
Warrantless Arrests In Homes: Another Crisis For The Fourth Amendment , Darren O'Connor
Fordham Urban Law Journal
This comment addresses the distinction between a forcible entry for an arrest and one for a search. In doing so, the comment looks to the fourth amendment's bifurcated standard for searches and those for arrests. Balancing governmental interests with the privacy rights of individuals, the comment relays that a warrantless entry into the home for an arrest shall only be acceptable given certain exigent circumstances.