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Full-Text Articles in Law
The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera
The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera
Pace Law Review
No abstract provided.
"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert
"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert
Pace Law Review
No abstract provided.
Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin
Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
In this article, the author proposes that the prosecution’s obligation to disclose exculpatory information to the defense be formalized by statute, court rule, or internal protocol in ways that would reflect the current state of our knowledge of and experience with both Brady and wrongful convictions. This would improve on the current ineffective constitutional protection—and any existing statutory or rule-based regimes—in several ways. First, such a formalized regime would require disclosure of all materials that are reasonably helpful to the defense. Second, unlike the constitutional doctrine, which provides no reliable mechanism for monitoring police disclosure to the prosecution, an accompanying …
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
Following a brief history of prior versions of the relevant Standards in Part I, Part II describes the current draft of the proposed Prosecution and Defense Functions, focusing on new requirements for candor, civility, and cooperation. The article concludes that the proposed revisions represent a healthy step toward a more reliable, trustworthy, and efficient criminal justice system. The revisions explicitly recognize the central, powerful, and multidimensional role of the prosecutor and attempt to respond accurately and realistically to the needs and demands of that role. As the drafting and approval process continues, certain specific areas need greater clarification and thus …