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The Ethics Of Guardians Ad Litem In Family Law, Taylor Imbasciani
The Ethics Of Guardians Ad Litem In Family Law, Taylor Imbasciani
Hofstra Law Student Works
There is an abundance of vulnerable clients within our legal world that require specialized representation for protection. Throughout history, lawyers typically represented either parental or state rights and interest, failing to provide children with a voice in disputed matters where they are often most helpless. As an awareness for the necessity of child advocacy developed, the courts began appointing guardians ad litem to protect their interests. Guardians ad litem perform vast functions as hybrid attorneys, data collectors and conclusive reporters, which has led to excessive legal and ethical confusion. The lack of guidelines and disparity in jurisdictional precedent has produced …
Letting The Cat Out Of The Bag: How New York's Discovery Reform Removes The Secrecy From The Grand Jury, Amber Kempermann
Letting The Cat Out Of The Bag: How New York's Discovery Reform Removes The Secrecy From The Grand Jury, Amber Kempermann
Hofstra Law Student Works
The grand jury is a historical institution in New York’s criminal justice system, and the discovery reform is long-needed change to that same system. But that change has already affected the system in a way that was not intended. So, what can we do to help? This paper proposes that the answer to that question is to amend the provision that mandates identification and contact information for witnesses that testify in the grand jury. Part II.A of this paper discusses the history of the grand jury system in New York. Part II.B discusses the changes to discovery laws made by …
The Permissible Scope Of Attorney Speech: Constitutional Challenges, The Current Standard, And The Need For Clarity, Sean Sciubba
The Permissible Scope Of Attorney Speech: Constitutional Challenges, The Current Standard, And The Need For Clarity, Sean Sciubba
Hofstra Law Student Works
The paper explores the history of trial publicity rules in the United States. Part II discusses the enactment of the first legal code in this country aimed at limiting attorney speech and then analyzes the influences and constitutional restrains that molded the scope of subsequent rules. Part III discusses the amendments to the Model Rules following the Supreme Court’s decision in Gentile v State Bar of Nevada, which largely resulted in the current version of Model Rules 3.6 and 3.8. Part IV examines the discernible scope of permissible attorney speech under the current Model Rules as well as certain arguments …
Appointing An Independent Prosecutor In Cases Of Police Misconduct: Repairing Trust In The Criminal Justice System, Samantha Levitz
Appointing An Independent Prosecutor In Cases Of Police Misconduct: Repairing Trust In The Criminal Justice System, Samantha Levitz
Hofstra Law Student Works
This Paper argues that, in order to avoid the perception of bias, an independent, special prosecutor should be appointed to handle cases of police misconduct. Part II will examine the background and history of the interaction between police officers and the district attorney’s offices. In Part III, this Paper will analyze the main ethical issue involved in the prosecution of police misconduct—conflict of interest—and the impact it has on our system. In Part IV, this Paper will propose removal of cases involving police misconduct from the district attorney’s office, focusing mainly on a solution for New York State, assess the …
Effects Of Immigration Status On The Criminal Process, Gleb Ivanov
Effects Of Immigration Status On The Criminal Process, Gleb Ivanov
Hofstra Law Student Works
In a landmark case, Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment to the U.S. Constitution required defense counsel to advise clients who plead guilty that conviction may result in deportation. The Court’s rationale was based on the premise that this information was vital to the client’s decision-making process. Even so, the Court declined to explore a more reliable ground for developing a narrower understanding of a client’s immigration status, particularly the potential effect of the status on common criminal prosecutions, for instance, assault or burglary. This paper submits that under current law, immigration status has …