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Full-Text Articles in Law
New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach
New York's System Of Indeterminate Sentencing And Parole: Should It Be Abolished?, Jeanine M. Schupbach
Fordham Urban Law Journal
New York State's indeterminate sentencing and parole system of 1985 resulted in sentence disparity, uncertain and prolonged prison terms and prisoner unrest rather than in peaceful prison rehabilitation. The length of imprisonment and time of release under an indeterminate sentencing system are dependent upon the prisoner's need for and responsiveness to correctional treatment programs. In response to the problems of indeterminate sentencing, the federal government and several state legislatures abandoned or modified indeterminacy and have adopted a variety of fixed sentencing plans. This Note describes the history and development of the indeterminate sentencing and parole system. It exposes the flaws …
Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo
Death After Life: The Future Of New York's Mandatory Death Penalty For Murders Committed By Life-Term Prisoners, Andrea Galbo
Fordham Urban Law Journal
This Note analyzes the relevant Supreme Court death penalty decisions from 1972 to 1985 in order to compare New York's mandatory death statute for life-term prisoners who murder with other state death penalty statutes that have been reviewed by the Supreme Court. After considering both the legal and nonlegal arguments, this Note concludes that there can not and should not be a mandatory death penalty for life-term prisoners who murder in New York. This Note recommends that the New York legislature draft a discretionary death penalty statute for life-term prisoners who murder. A discretionary death penalty statute, which provides for …
Civil Rico: A Call For A Uniform Statute Of Limitations, Michael J. Lane
Civil Rico: A Call For A Uniform Statute Of Limitations, Michael J. Lane
Fordham Urban Law Journal
RICO is a statute, originally developed to thwart organized crime. When read broadly, the statute, however, has been applied to non-organized crime activities. Thus, courts have now started applying four substantive requirements for use of the RICO statute: (1) requiring that the plaintiff must allege that the defendant has connection to organized crime, (2) limiting standing to a particular type of injury, (3) requiring the plaintiff to allege an enterprise distinct from the pattern of racketeering or from the defendant, and (4) permitting only civil RICO claims in instances where the defendant has been previously convicted of the predicate acts …
Executing Youthful Offenders: The Unanswered Question In Eddings V. Oklahoma, Rona L. Just
Executing Youthful Offenders: The Unanswered Question In Eddings V. Oklahoma, Rona L. Just
Fordham Urban Law Journal
The juvenile justice system was created to "treat" and to "rehabilitate" the juvenile offender. But transfers to the adult criminal system allows for juvenile offenders to receive the death penalty for capital crimes. This Note examines the theories of punishment underlying the death penalty, briefly discusses the creation of the juvenile court system and the mechanism of juvenile transfer. This Note then discusses the development of the death penalty by examining Supreme Court cases which have considered state laws challenged under the eighth amendment as forms of cruel and unusual punishment. Supreme Court decisions which have extended constitutional guarantees to …