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Full-Text Articles in Law
Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias
Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias
Fordham Urban Law Journal
The HIV epidemic is almost a decade old and it is estimated that one million to two million Americans are infected. Nevertheless, too often it has been irrational fears of contagion and disapproval of the subcultures associated with the illness that have driven society's response to the epidemic. Has the legal community, which prides itself on being governed by due process and rationality, reacted any differently than society at large? To what degree have legal decisions and policies been governed by fear, prejudice, and ignorance rather than by science and sound public policy? This Essay will explore the response of …
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.
"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 …
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Fordham Urban Law Journal
This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …