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Criminal Law

Criminal Law

New York Law School

Articles 1 - 11 of 11

Full-Text Articles in Law

United States V. Herman, Tyler Wilkerson Jan 2021

United States V. Herman, Tyler Wilkerson

NYLS Law Review

No abstract provided.


The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano Jan 2021

The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano

NYLS Law Review

No abstract provided.


The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser Jan 2020

The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser

NYLS Law Review

No abstract provided.


Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning Jan 2018

Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning

Articles & Chapters

No abstract provided.


Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman Jan 2011

Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman

Articles & Chapters

This Article identifies logical and due process errors in HIV-related aggravated assault cases, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this Article suggests that punishing this conduct through a charge of aggravated assault - which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death - is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the "rule of thumb" that HIV can possibly be transmitted through bodily fluids as …


But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker Jan 2007

But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker

Articles & Chapters

Based upon the nearly unanimous recommendation of its Death Penalty Study Commission, New Jersey seems poised to become the first state in the modern era to legislatively abolish capital punishment and substitute life without parole. Hailed nationally and internationally as thoughtful and fair, the Commission's final report consistently distorts the evidence, displays an anti-retributive bias, and worst of all, ignores basic well-established perspectives framing the great debate, avoiding at all costs the question of justice.

Unbalanced and biased, the Commission does not even consider any alternative to abolition or standing pat. This essay directly engages the Report on its findings …


Reforming The Crime Of Libel, Clive Walker Jan 2006

Reforming The Crime Of Libel, Clive Walker

NYLS Law Review

No abstract provided.


State Ex Rel., J.P.F., Janie Byalik Jan 2005

State Ex Rel., J.P.F., Janie Byalik

NYLS Law Review

No abstract provided.


The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle Jan 2004

The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle

NYLS Law Review

No abstract provided.


Preface, Tanina Rostain, Donald H. Zeigler Jan 2004

Preface, Tanina Rostain, Donald H. Zeigler

NYLS Law Review

No abstract provided.


Unpatriotic Acts: An Introduction, Sadiq Reza Jan 2004

Unpatriotic Acts: An Introduction, Sadiq Reza

NYLS Law Review

No abstract provided.