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Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
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 …
Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter
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.