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Full-Text Articles in Law
The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman
The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman
Fordham Urban Law Journal
Rodney King was portrayed as the prototypical "Big Black Man". Having recognized the existence of the Big Black Man Syndrome as a factor in the Rodney King Case, what are the moral and ethical implications of allowing defense counsel to so cleverly play upon the racial fears they evidently recognized? The issue is whether the use of racist arguments by defense counsel in a criminal trial is unethical. This essay explores the ethical consideration that come into play where a trial advocate is faced with a case where racism, homophobia, or ethnic prejudice is part of the courtroom dynamic.
The Urban Crimnal Justice System: A Case Of Fairness, John F. Keenan
The Urban Crimnal Justice System: A Case Of Fairness, John F. Keenan
Fordham Urban Law Journal
This short essay contains the presiding judges recollections of the case People v. Robles as a way to discuss public perception of fairness in the criminal justice system.
The Race Factor And Trial By Jury, Kenneth Conboy
The Race Factor And Trial By Jury, Kenneth Conboy
Fordham Urban Law Journal
The institution of trial by jury in criminal cases, one of the great achievements in the history of civilization and a principal foundation of our federal constitutional order, is to day under challenge by two different by interrelated developments in American courtrooms. The first is the development of a broad national imperative to eliminate all aspects of racism in American legal, political, and social life. The second is the heightened scrutiny that electronic media presence is applying to the jury system. This essay explores the utility and fairness of the American trial jury and its premise as a democratic and …
The High Cost Of Juvenile Justice, Diane Ridley Gatewood
The High Cost Of Juvenile Justice, Diane Ridley Gatewood
Fordham Urban Law Journal
This Essay will discuss the high cost of incarcerating substantial numbers of minority juveniles and will advocate alternatives to detention. The author discusses how minority youth are disproportionately affected at multiple stages of the criminal justice process: arrests, detentions, adjudication, and disposition. The Essay further discusses the increased use of the prison system for juveniles. The Essay concludes with several recommendations for how minority youth can be treated more fairly within the system and recommends alternatives to incarceration.
A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman
A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman
Fordham Urban Law Journal
The prosecutor's decision to institute criminal charges is the broadest and least regulated power in American criminal law. The judicial deference shown to prosecutors generally is most noticeable with respect to the charging function. This Essay discusses three hypothetical cases that present both realistic and recurring challenges to the prosecutor's charging power. The first case depends on a factual determination of a witness's reliability. The second case depends on a factual determination of the witness's truthfulness. The third case revolves around a legal determination regarding the applicability of a defense. Together, these cases provide a setting in which a moral …
The Urban Criinal Justice System & The Juror's Perception, David Lewis
The Urban Criinal Justice System & The Juror's Perception, David Lewis
Fordham Urban Law Journal
The criminal justice system is anchored in its belief that twelve citizens are capable of working together to sift through the most difficult and complicated information without any preconception or bias to arrive at a "just" result. In this essay, the author explores the diverse perceptions the various actors in a courtroom (prosecutor, defense lawyer, police officer, jurors) and discusses how these views form an integral part of the courtroom dynamic.
"A Good Murder", Leigh B. Bienen
"A Good Murder", Leigh B. Bienen
Fordham Urban Law Journal
People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the …
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes
Fordham Urban Law Journal
We live in a country where one out of four young African-American men is under some form of custodial supervision. In our nation's capital, seven out of ten African-American men can anticipate being arrested and jailed at least once before reaching the age of thirty-five. We live in a city where a black man between the ages of fifteen and twenty-four is far more likely to die of homicide than all other causes combined. The official response to the problem of urban crime by minority youth has been prison, prison, and more prison. This essay provides an overview and examples …