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An Iterative Theory Of The Legislative Process : A Case Study Of The New York State Commission On Prosecutorial Conduct, Kimberly M. Bernstein
An Iterative Theory Of The Legislative Process : A Case Study Of The New York State Commission On Prosecutorial Conduct, Kimberly M. Bernstein
Legacy Theses & Dissertations (2009 - 2024)
Prosecutors wield the power of the criminal justice system (Medwed, 2014) and the ability to deprive a person of their constitutional rights (Imbler v. Pachtman, 1976). With such power, it is unsurprising that a leading cause of miscarriages of justice is prosecutorial misconduct (e.g., Joy, 2006; Ridolfi & Possley, 2010). New York State became the first state in the country to respond to this issue with a specialized Commission on Prosecutorial Conduct (CPC). The goal of the CPC is to serve as an official mechanism for holding District Attorneys and Assistant District Attorneys accountable by challenging convictions and handing down …
The Implementation Of Judicial Policy In Crime Laboratories : An Examination Of The Impact Of Melendez-Diaz V. Massachusetts, Catherine L. Bonventre
The Implementation Of Judicial Policy In Crime Laboratories : An Examination Of The Impact Of Melendez-Diaz V. Massachusetts, Catherine L. Bonventre
Legacy Theses & Dissertations (2009 - 2024)
In Melendez-Diaz v. Massachusetts (2009), the United States Supreme Court held that the Sixth Amendment right to confront adverse witnesses includes the right to confront forensic analysts who produce affidavits certifying the results of forensic examinations used against defendants at trial. The decision thus invalidated the practice of substituting forensic laboratory reports for live testimony in criminal trials. Melendez-Diaz was a divided decision in which four dissenting Justices predicted onerous practical consequences for the practice of forensic science in the United States. Through a web-based survey and semi-structured interviews, this dissertation explored the practical impact of the decision on crime …