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Articles 1 - 18 of 18
Full-Text Articles in Law
Government Secrets, National Security And Freedom Of The Press: The Ability Of The United States To Prosecute Julian Assange, Heather M. Lacey
Government Secrets, National Security And Freedom Of The Press: The Ability Of The United States To Prosecute Julian Assange, Heather M. Lacey
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Martin A. Schwartz
No abstract provided.
Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine
Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine
Samuel J. Levine
This article examines the complex nature of the prosecutor's broad obligation to seek justice through a consideration of the similarly broad directive in Jewish law requiring that "in all [of] your ways acknowledge [God]." While many have critiqued the broad directives governing a prosecutor's ethical duties, through this comparative analytical framework it can be seen that the prosecutor's broad ethical directive to seek justice serves as a workable and appropriate standard for prosecutorial ethics. In many ways, a prosecutor faces an ethical obligation unlike other attorneys. Ethical obligations require that a prosecutor forgo conduct that would increase the likelihood of …
A Missed Chance For Justice In Court, Tamar R. Birckhead
A Missed Chance For Justice In Court, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that Osama bin Laden should have been captured and tried in a court of law, rather than assassinated under circumstances suggesting he was unarmed and posed no immediate threat.
The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis
Peter L. Davis
The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …
Equal Protection And The Prosecutor's Charging Decision: Enforcing An Ideal, Donald G. Gifford
Equal Protection And The Prosecutor's Charging Decision: Enforcing An Ideal, Donald G. Gifford
Donald G Gifford
No abstract provided.
Causes, Consequences And Cures Of Racial And Ethnic Disproportionality In Conviction And Incarceration Rates: An Introduction, Janet Moore
Faculty Articles and Other Publications
This piece introduces Prosecution and Racial Justice, a panel discussion with Wayne McKenzie of the Vera Institute for Justice, by outlining the legal-historical context for reform strategies that detect and correct effects of racial bias in prosecutorial decision-making.
A Discourse On The Aba's Criminal Justice Standards: Prosecution And Defense Functions: The Physical Evidence Dilemma: Does Aba Standard 4-4.6 Offer Appropriate Guidance?, Rodney J. Uphoff
Faculty Publications
Since 1966, when criminal defense lawyer Richard Ryder was disciplined for retaining physical evidence that connected his client to a bank robbery, lawyers and courts have struggled with the ethical dilemma of how defense lawyers should deal with physical evidence that potentially incriminates one of their clients. When a lawyer takes possession of an evidentiary item, must she always turn it over to the authorities, as required by most courts that have addressed this dilemma? Or, can defense counsel return the evidence to the source from whom counsel received it as recommended by Standard 4-4.6 of the ABA Criminal Justice …
The Prosecution Of Michael Vick: Of Dogfighting, Depravity, Dual Sovereignty, And "A Clockwork Orange", Adam Harris Kurland
The Prosecution Of Michael Vick: Of Dogfighting, Depravity, Dual Sovereignty, And "A Clockwork Orange", Adam Harris Kurland
Marquette Sports Law Review
None.
Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster
Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster
Human Rights & Human Welfare
A review of:
Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.
People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi
People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi
NYLS Law Review
No abstract provided.
Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead
Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead
NYLS Law Review
No abstract provided.
Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States, Katie Rasor, Richard M. Rothblatt, Elizabeth A. Russo, Julie A. Turner
Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States, Katie Rasor, Richard M. Rothblatt, Elizabeth A. Russo, Julie A. Turner
NYLS Law Review
No abstract provided.
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey
Publications
This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …
The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger
The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger
Faculty Publications
No abstract provided.
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Scholarly Works
No abstract provided.
Federalism And Criminal Law: What The Feds Can Learn From The States, Rachel E. Barkow
Federalism And Criminal Law: What The Feds Can Learn From The States, Rachel E. Barkow
Michigan Law Review
Criminal law enforcement in the United States is multijurisdictional. Local, state, and federal prosecutors all possess the power to bring criminal charges. An enduring question of criminal law is how authority should be allocated among these levels of government. In trying to gain traction on the question of when crime should be handled at the federal level and when it should be left to local authorities, courts and scholars have taken a range of approaches. Oddly, one place that commentators have not looked for guidance on how to handle the issue of law enforcement allocation is within the states themselves. …
The "Youngest Profession": Consent, Autonomy, And Prostituted Children, Tamar R. Birckhead
The "Youngest Profession": Consent, Autonomy, And Prostituted Children, Tamar R. Birckhead
Tamar R Birckhead
Although precise estimates do not exist, the data suggests that the number of children believed to be at risk for commercial sexual exploitation in the United States is between 200,000 and 300,000 and that the average age of entry is between eleven and fourteen, with some as young as nine. The number of prostituted children who are criminally prosecuted for these acts is equally difficult to estimate. In 2008—the most recent year for which data is available—approximately 1500 youth under age eighteen were reported to the Federal Bureau of Investigation as having been arrested within United States borders for prostitution …