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Full-Text Articles in Law
Restoring The Grand Jury, Kevin K. Washburn
Restoring The Grand Jury, Kevin K. Washburn
Fordham Law Review
Though it is enshrined in the Constitution, the grand jury is one of the least respected institutions in American criminal justice today. Scholars regard the grand jury just as doctors regard the appendix: an organic part of our constitutional makeup, but not of much use. While scholars have proposed reforms, most of them seem only loosely related to the fundamental purpose of the grand jury. In an era of plea bargains, the grand jury can serve a crucial role in insuring popular legitimacy in the criminal justice system. In light of the criticism, however, the grand jury seems to be …
The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano
The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano
Fordham Law Review
This Note examines the legality of physicians treating patients near the end of life with risky pain medication, specifically during an extreme emergency situation. The issues discussed include whether such treatment should be criminalized and, if criminalized, what standard should be used to determine culpability. This Note proposes that physicians should not be shielded from the criminal justice system, but that the standard of double effect intent should be expressly adopted in the adjudication of such cases.
Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher
Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher
Fordham Law Review
This Note examines the government motion requirement of 18 U.S.C. § 3553(e) and section 5K1.1 of the Federal Sentencing Guidelines from a separation of powers perspective. The issues discussed include whether requiring authorization from the prosecutor before a sentencing judge can consider a defendant's cooperation when determining whether to grant a downward departure below a mandatory minimum sentence violates separation of powers. Building on the concerns of past commentators and recognizing that the Federal Sentencing Guidelines are likely here to stay, this Note proposes that, in order to protect the perception of integrity in the criminal justice system, Congress should …
Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares
Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares
Fordham Law Review
No abstract provided.
No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles
No-Drop Policies In The Prosecution Of Domestic Violence Cases: Guarantee To Action Or Dangerous Solution?, Angela Corsilles
Fordham Law Review
No abstract provided.
The Special Skills Of Advocacy: Are Specialized Training And Certification Of Advocates Essential To Our System Of Justice?, Warren E. Burger
The Special Skills Of Advocacy: Are Specialized Training And Certification Of Advocates Essential To Our System Of Justice?, Warren E. Burger
Fordham Law Review
No abstract provided.