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Farewell To The Felonry, Alice Ristroph Oct 2018

Farewell To The Felonry, Alice Ristroph

Faculty Scholarship

No abstract provided.

The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson Oct 2018

The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson

Brooklyn Law Review

We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …

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Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo Oct 2018

Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo

Journal of Law and Policy

As the forensic science industry grows, so do the scandals – overburdened crime labs, unverified science, corrupt analysts, and diminishing federal oversight. Given the need to ensure that valid forensic science-based evidence is used at trial, a criminal defense attorney typically has the opportunity to cross-examine the scientist who conducted the forensic analysis. However, the 2012 Supreme Court decision of Williams v. Illinois has muddied an otherwise cohesive Confrontation Clause doctrine, allowing for the admission of forensic evidence without the testimony of the forensic scientist, but with no clear holding and different interpretations about what is considered “testimonial evidence.” To …

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Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum Oct 2018

Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum

Brooklyn Law Review

This essay advocates that prosecutors’ peremptory strikes should be eliminated in interracial capital cases. The application of the death penalty has a race problem, especially for interracial cases. A conviction is far more likely if the defendant is black and the victim is white. This is due to the fact that in interracial cases, prosecutors utilize peremptory strikes to prevent black jurors from serving on cases in which the defendant is black and the victim is white. This essay is the first to argue that such a system stacks the deck against defendants in interracial capital cases in an unconstitutional …

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A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas Jul 2018

A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas

Brooklyn Law Review

This article challenges the adequacy of the existing legal and regulatory framework governing informant recruitment and coercion practices to protect fundamental rights, informed by the Muslim-American experience. It looks at the growing law enforcement practice of recruiting informants among Muslim-American communities for intelligence gathering purposes. Although the coercion of law-abiding individuals to provide information to federal law enforcement agencies for intelligence gathering purposes implicates significant rights, it is left unregulated. Existing, albeit limited, restraints on the government agents’ ability to coerce individuals to provide information either assume a criminal context, or are driven by historical concerns over FBI corruption. As …

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Narrowing The Legrand Test In New York State: A Necessary Limit On Judicial Discretion, Katherine I. Higginbotham Jun 2018

Narrowing The Legrand Test In New York State: A Necessary Limit On Judicial Discretion, Katherine I. Higginbotham

Brooklyn Law Review

The admission of expert testimony on eyewitness identification evidence is an effective means of ensuring that juries and judges will weigh eyewitness identification evidence appropriately. The fallibility of such evidence is an increasingly well-researched and documented phenomenon in criminal law. Despite publicity of the frequency with which eyewitness identification evidence leads to wrongful convictions, studies show that jurors are often unable to properly assess the probative value of such testimony. Judges are also often unfamiliar with the factors that affect the reliability of eyewitness identification evidence. A 2016 Court of Appeals of New York case, People v. McCullough, represented a …

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Techno-Policing, I. Bennett Capers Apr 2018