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Articles 1 - 14 of 14
Full-Text Articles in Law
In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman
In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman
Hofstra Law Review
I’ve chosen to honor Monroe Freedman’s iconic essay on the hardest questions for a criminal defense attorney by posing the same question for prosecutors. What is the hardest question for a prosecutor? This in itself is a hard question. The thousands of federal, state, and local prosecutors in the country would likely give widely varying responses – discretionary charging, immunity grants, bargained pleas, unreliable witnesses, police testimony, and disclosure duties, for starters. Too, prosecutors are not a generic group. Just as some defense lawyers might recoil or be indifferent to Freedman’s provocative thesis, so might many prosecutors reject or be …
Candor In Criminal Advocacy, Bruce A. Green
Candor In Criminal Advocacy, Bruce A. Green
Hofstra Law Review
This Article, in Monroe Freedman’s memory, examines prosecutors' and criminal defense lawyers' duties of candor to the court, focusing on candor in the narrow sense: i.e., disclosure of relevant information. After looking generally at lawyers' duties of candor, and then specifically at lawyers' duties of candor in criminal cases, the article explores two hard questions of candor to the court in the criminal sentencing context -- one involving a prosecutor's duty and the other involving criminal defense lawyer's duty. The exploration shows the wisdom of Freedman's insight that hard candor questions - and hard ethics questions generally - cannot be …
In Defense Of The Devil's Advocate, Lonnie T. Brown Jr.
In Defense Of The Devil's Advocate, Lonnie T. Brown Jr.
Hofstra Law Review
Among the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who undertake morally questionable representations have a duty to explain or justify their choice of client. Specifically, in 1993 Professor Freedman penned a well-known column in the Legal Times — titled “Must You Be the Devil’s Advocate?” — in which he took Professor Michael Tigar to task for his representation of reputed Nazi war criminal John Demjanjuk. Professor Freedman tacitly criticized Professor Tigar for his client choice and expressly called upon him …
Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd
Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd
Hofstra Law Review
No abstract provided.
Monroe Freedman And The Morality Of Dishonesty: Multidimensional Legal Ethics As A Cold War Imperative, Norman I. Silber
Monroe Freedman And The Morality Of Dishonesty: Multidimensional Legal Ethics As A Cold War Imperative, Norman I. Silber
Hofstra Law Review
This Article reaches into the personal history of Monroe Freedman, a pioneer in multi-dimensional legal ethics, to advance an explanation for his advocacy and his signal contributions to legal ethics - particularly his landmark article of 1966, Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, where he inquired into situations in which candor might not be either moral or professional. It argues that his outspoken defense of lying as sometimes necessary and even moral behavior in the adversary system should be understood as an outgrowth of his early religious perspective about the nature of moral obligations, as …
Do Prosecutors Really Matter?: A Proposal To Ban One-Sided Bail Hearings, Sandra Guerra Thompson
Do Prosecutors Really Matter?: A Proposal To Ban One-Sided Bail Hearings, Sandra Guerra Thompson
Hofstra Law Review
In about half of all local jurisdictions today, arrested individuals face a judge at a bail hearing without the assistance of counsel, and in many of those jurisdictions, prosecutors may appear on behalf of the state. This article questions whether prosecutors can function as “ministers of justice” within the context of a one-sided proceeding where defendants appear without counsel. The ABA Standards for Criminal Justice: Prosecution and Defense Function apparently took the position of preferring the presence of prosecutors in all cases, even those in which a party appears without counsel. The rules assign prosecutors in those cases to protect …
Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley
Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley
Hofstra Law Review
What makes an ethical question “hard”? Monroe Freedman’s “Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions” assessed hard questions about discrediting truthful witnesses, presenting perjured testimony and providing advice that may prompt the client to lie. It also, however, created a framework for analyzing ethical problems, for knowing when a question is hard, and both what has to be done to answer a hard question and to defend the answer. This paper articulates that framework. It argues that hard questions arise from unresolvable conflicts either between the lawyer’s professional and personal moral obligations, or between different aspects …
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
Hofstra Law Review
No abstract provided.
Duty Of Outrage: The Defense Lawyer's Obligation To Speak Truth To Power To The Prosecutor And The Court When The Criminal Justice System Is Unjust, Ellen C. Yaroshefsky
Duty Of Outrage: The Defense Lawyer's Obligation To Speak Truth To Power To The Prosecutor And The Court When The Criminal Justice System Is Unjust, Ellen C. Yaroshefsky
Hofstra Law Review
No abstract provided.
Monroe Freedman's Influence On Legal Education, Peter A. Joy
Monroe Freedman's Influence On Legal Education, Peter A. Joy
Hofstra Law Review
Monroe Freedman’s influence on legal education was profound by any measure. He was much more than a gifted scholar and teacher, though he was all of those, as well as an accomplished lawyer. He was also the antithesis of a law professor disconnected from the practice of law who produces scholarship that has little to no relationship to the practice of law. Instead, Monroe Freedman’s scholarship was singularly focused on the difficult ethical issues lawyers face in the practice of law, and he was fully engaged with the practicing bar. Much of his scholarship was on the leading edge of …
Monroe Freedman: The Ethicist Of The Non-Ideal, W. Bradley Wendel
Monroe Freedman: The Ethicist Of The Non-Ideal, W. Bradley Wendel
Hofstra Law Review
The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions Freedman's role as a legal ethicist, attorney-client relations, and Freedman's work in the development of theoretical legal ethics in the U.S.
The Essential Monroe Freedman, In Four Works, Michael Tigar
The Essential Monroe Freedman, In Four Works, Michael Tigar
Hofstra Law Review
The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions four of the law review articles that Freedman composed and published which address topics such as the practice of law, prosecutorial ethics, and capital punishment attorneys and judges
Midtown With Monroe, James Sample
Midtown With Monroe, James Sample
Hofstra Law Review
The article celebrates the life and career of the late American law teacher Monroe Freedman, and it mentions a judicial recusal debate and the author's experiences during an automobile ride in the Midtown Manhattan section of New York, New York with Freedman.
Monroe Freedman's Contributions To Lawyers: Engagement, Energy, And Ethics, Lawrence K. Fox, Susan R. Martyn
Monroe Freedman's Contributions To Lawyers: Engagement, Energy, And Ethics, Lawrence K. Fox, Susan R. Martyn
Hofstra Law Review
The article celebrates the life and career of the late American law teacher Monroe H. Freedman, and it mentions Freedman's lectures to attorneys about legal ethics, as well as information about Freedman's energy and his willingness to engage with practising lawyers and legal scholars.