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Articles 151 - 171 of 171
Full-Text Articles in Law
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.
Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval
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.
Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld
Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld
Fordham Urban Law Journal
This case note examines the New York Court of Appeals' decision in People v. Hobson, 39 N.Y.2d 479, 348 N.E.2d 894, 384 N.Y.S.2d 419 (1976), which held that once a counsel has been engaged in a criminal proceeding a defendant may not waive his right to counsel when his lawyer is not present. The case note discusses the evolution in protection levels afforded defendants in New York as well as in decisions by the United States Supreme Court and suggests that the Hobson decision's impact is enormous as it resurrects two important pro-defendant rules that were previously overruled. The Hobson …
Case Note: Criminal Law - Due Process - Statute Proscribing Loitering For The Purpose Of Prostitution Is Not Unconstitutionally Vague, Sayde J. Markowitz
Case Note: Criminal Law - Due Process - Statute Proscribing Loitering For The Purpose Of Prostitution Is Not Unconstitutionally Vague, Sayde J. Markowitz
Fordham Urban Law Journal
In this case note, Sayde J. Markowitz analyzes People v. Smith, 88 Misc. 2d 590, 388 N.Y.S.2d 221 (Crim Ct. 1976), rev'd 393 N.Y.S.2d 229 (App. Div. 1st Dep't 1977). At approximately 2:15 a.m. on July 12, 1976, a police officer observed defendant female converse with two male passersby. Soon thereafter, defendant conversed with a third male with whom she entered a building known to accommodate prostitutes and their clientele. The two left the building a short time later. Defendant Smith was arrested and charged with violating section 240.37 of the New York Penal Law, which prohibits loitering for the …
Criminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute, William A. Cahill, Jr.
Criminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute, William A. Cahill, Jr.
Fordham Urban Law Journal
E. George Minns, a Virginia state prisoner, brought an action against his court-appointed attorney, alleging that his attorney, while acting under color of state law, had deprived him of rights guaranteed under the fourteenth amendment of the United States Constitution. Specifically, Minns alleged that his court-appointed attorney denied him assistance in filing a petition for habeas corpus. Minns brought the suit under section 1983 of the Civil Rights Act, which gives a private right of action against every person who, under color of law, deprives another person of his or her Constitutional rights, privileges, or immunities. The district court dismissed …
Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth
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 …
Criminal Law--Rape--Cautionary Instruction In Sex Offense Trial Relating Prosecutrix's Credibility To The Nature Of The Crime Charged Is No Longer Mandatory; Discretionary Use Is Disapproved
Fordham Urban Law Journal
Defendant was convicted of rape, oral copulation, and attempted sodomy in Superior Court, Los Angeles County. The case against him rested predominantly on the testimony of his adult victim, partially corroborated as to identity by a scratch on defendant’s forehead, and further substantiated by defendant’s “if I did it I was drunk” admission to the police. The defendant appealed alleging error by the trial judge for failing to give a mandatory cautionary instruction. The California Supreme Court held that because the defendant was entitled to the cautionary instruction the trial judge had committed error in refusing to give it. Such …
The Doctrine Of Collateral Estoppel In Parole Revocation, Patrick M. Reilly
The Doctrine Of Collateral Estoppel In Parole Revocation, Patrick M. Reilly
Fordham Urban Law Journal
In recent years courts have shown more recognition of the rights of parolees and probationers. Spurred by a Supreme Court decision that certain due process protections were applicable to parole revocation procedures, revocation hearings are now providing parolees and probationers some of the procedural protections available to criminal defendants at trial. Policy considerations have dictated, however, that the protections available at revocation hearings must fall far short of conferring upon the accused "the full panoply of rights due a defendant" at trial. As a result of the Supreme Court's emphasis on the difference between revocation hearings and criminal proceedings, lower …
Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga
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 …
Case Note: Criminal Law - People V. Francis, 45 App. Div. 2d, 358 N.Y.S.2d 148 (2d Dep't 1974), James S. Normile
Case Note: Criminal Law - People V. Francis, 45 App. Div. 2d, 358 N.Y.S.2d 148 (2d Dep't 1974), James S. Normile
Fordham Urban Law Journal
This Case Note analyzes the decision of the New York State Appellate Division for the Second Department in People v. Francis, which held that the New York statutory exception reducing possession of a loaded firearm from a felony to a misdemeanor when in one's "place of business" does not apply to an employee lacking a proprietary interest in the premises.
Criminal Law- Reckless Endangerment And Coercion- Union Officials May Be Liable To Criminal Prosecution In Strike Of Essential Public Employees. People V. Vizzini, 78 Misc. 2d 1040, 359 N.Y.S.2d 143 (Sup. Ct. 1974)., James Clark Quinn
Fordham Urban Law Journal
Defendants, officers of the Uniformed Firefighters Association (UFA), were charged with reckless endangerment in the second degree, attempted coercion, reckless endangerment of property, and related crimes. The basis of these charges was the five and one-half hour New York City fireman's strike called by defendants despite express Taylor Law prohibitions against strikes by public employees. Defendants moved to dismiss the indictment on the grounds that a strike by firemen could not be the basis of a criminal prosecution, arguing that the Taylor Law provided the exclusive remedies and sanctions for public employee labor disputes. The New York Supreme Court denied …
The Juvenile Offender - Where Can We Send Him?
The Juvenile Offender - Where Can We Send Him?
Fordham Urban Law Journal
There is an increased problem in American society regarding juvenile delinquents. Persons less than 16 years of age cannot be adjudicated criminals and nearly 80% of persons convicted of serious crimes a adults were previous convicted of a lesser offense. However, these criminals were only previously considered juvenile delinquents and not adjudicated criminals. Rehabilitation has been the main focus when dealing with juvenile delinquency and juvenile courts have operated under the theory of 'best interests of the child' and 'parens patriae'. Unfortunately, family court hearings used to determine juvenile delinquency now contain the stigma of criminal proceedings rendering the theory …
The Politics Of Punishment: A Critical Analysis Of Prisons In America, Warrren Richmond
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 …
Criminal Law-Multiple Jury Joint Trials-On The Joint Trial Of Two Defendants, The Empanelling Of Two Juries Simul- Taneously Is Permissible.
Fordham Urban Law Journal
Defendant was indicted on three separate counts in federal court and two juries were empaneled for one of the counts to try defendant and accomplice simultaneously. When testimony probative as to Sidman, but prejudicial to Clifford was about to be admitted through cross-examination, the jury sitting in judgment of Clifford was excused. Both men were convicted and on appeal Sidman's conviction was affirmed and Clifford's reversed. The multiple jury joint trial is a modification of the jury trial concept. The idea, however, desperately needs direction and it was for this reason that the appellate court, while upholding the conviction, did …
Crime Victims' Compensation- Title I Of The Proposed Victims Of Crime Act Of 1973: An Analysis
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.
Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction
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.
Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond
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.