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Articles 1 - 14 of 14
Full-Text Articles in Law
Judicial Resistance To New York's 2020 Criminal Legal Reforms, Angelo Petrigh
Judicial Resistance To New York's 2020 Criminal Legal Reforms, Angelo Petrigh
Faculty Scholarship
Scholars have examined judiciaries as organizations with their own culture and considered how this organizational culture can form a significant impediment to the implementation of reforms.22 There is a strong connection between judicial culture and a reform’s ability to accomplish its stated goals. Some go so far as to state that most reforms will fail because of the difficulty in altering judicial culture.23 These studies sometimes focus on legislators misunderstanding the actual effects of legislation when it was drafted, or on the failure to account for particularities in a law’s implementation by undervaluing the fragmentation, adversarial nature, and …
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
Faculty Publications
This Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on May 29, 2015 the President signed legislation that would give preferential consideration for federal grants to states that have enacted a law that "discourages the charging or prosecution" of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound …
Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin
Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
I am testifying today on behalf of both myself and my co-chair Michele Deitch, who has submitted written testimony for your consideration. My comments here reflect both the key points in her testimony as well as some of my own thoughts about the importance of external oversight and comments about the critical role played by the Correctional Association of New York, the failure of the State Commission on Correction to provide meaningful regulation of New York’s prisons, and the need to improve access by the media to the public and to the state’s prisons.
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
Faculty Publications
New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …
Bombing For Justice: Urban Terrorism In New York City From The 1960s Through The 1980s, Jeffrey A. Kroessler
Bombing For Justice: Urban Terrorism In New York City From The 1960s Through The 1980s, Jeffrey A. Kroessler
Publications and Research
From the mid-1960s into the 1980s New York City experienced a wave of political violence and urban terrorism. Groups planted bombs, hijacked airliners, and engaged in assassination and attempted assassination to advance political, racial, or nationalist agendas. They included the Jewish Defense League, the Weathermen, the Black Panthers and the Black Liberation Army, FALN and other advocates of Puerto Rican independence, the United Freedom Front, Omega 7 and other anti-Castro Cubans, and Croatian nationalists. Juries often failed to convict these individuals, and others received light sentences. Judges scrutinized police actions for abuses of constitutional rights, and attorneys like William Kunstler …
Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein
Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein
Scholarly Works
No abstract provided.
Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue
Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue
Articles
The attacks of September 11th produced staggering losses of life and property. They also brought forth substantial private-insurance payouts, as well as federal relief for the City of New York and for the families of individuals who perished on that day. The losses suffered during and after the attacks, and the structure of the relief effort, have raised questions about the availability of insurance against terrorism, the role of government in providing for, subsidizing, or ensuring the presence of such insurance, as well as the interaction between relief and the incentives for taking precautions against similar losses in the future. …
Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn
Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn
Scholarly Works
No abstract provided.
Secret Testimony And Public Trials In New York, Randolph N. Jonakait
Secret Testimony And Public Trials In New York, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Scholarly Works
No abstract provided.
Are Spread Out Cities Really Safer? (Or, Is Atlanta Safer Than New York?), Michael Lewyn
Are Spread Out Cities Really Safer? (Or, Is Atlanta Safer Than New York?), Michael Lewyn
Scholarly Works
No abstract provided.
The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis
The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis
Scholarly Works
The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …
The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie
The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
The Juvenile Offender Act of 1978 incorporates the most radical and perhaps the most controversial amendments to New York's juvenile delinquency statutes in several decades. For the first time since 1909, children accused of committing serious offenses are subject to prosecution in the criminal courts. The gradual decriminalization of delinquency, which began a century and a half ago, has been reversed. This report analyzes and evaluates the Act and its implementation. The first two sections summarize the historical development of juvenile delinquency legislation and compare present New York provisions to those in other states. Sections III and IV will evaluate …
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Articles
This article will offer nonempirical grounds to show that instructed inferences operate as the dissenters believe, at least when the instruction does not explicitly refer to the evidence at trial, but to occurrences in general.