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Articles 1 - 7 of 7
Full-Text Articles in Law
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 …
Federal Sentencing During The Interregnum: Defense Practice As The Blakely Dust Settles , Ian Weinstein, Nathaniel Z. Marmur
Federal Sentencing During The Interregnum: Defense Practice As The Blakely Dust Settles , Ian Weinstein, Nathaniel Z. Marmur
Faculty Scholarship
Although the long term impact of Blakely v. Washington is not yet clear, no one can doubt that the case raises a host of immediate, significant and perplexing practical questions for federal criminal defense attorneys. The Supreme Court has granted certiorari in a pair of cases raising Blakely issues and oral argument is scheduled for October 4, 2004. It seems likely that the Supreme Court will offer some guidance by Thanksgiving. Until the Court rules, uncertainty will continue as the lower courts interpret Blakely in disparate ways. Once the Court does rule, many hard questions may remain unanswered. This article …
When Two Become One: Views On Fletcher's "Two Patterns Of Criminality", Deborah W. Denno
When Two Become One: Views On Fletcher's "Two Patterns Of Criminality", Deborah W. Denno
Faculty Scholarship
George Fletcher's Rethinking Criminal Law (“Rethinking”) is the ultimate cut-to-the-chase treatise. The book does not belabor the frailties of existing criminal law, but rather predicts an overhaul of much of its doctrine. This essay marks a tribute to Rethinking's influence by examining two of the book's well known “patterns of criminality”: (1) “manifest criminality,” which proposes that crimes are acts that any “objective” observer would clearly recognize as illegal without knowing anything about the mental state of the person committing those acts, and, in stark contrast, (2) “subjective criminality,” which suggests that crimes are consciously intended and experienced only by …
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 …
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 …
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 …