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Full-Text Articles in Law

“It’S The End Of The World As We Know It” –Redrafting Amendment To Federal Rule Of Criminal Procedure 26 To Allow Remote Testimony, Alisson Sandoval Jan 2024

“It’S The End Of The World As We Know It” –Redrafting Amendment To Federal Rule Of Criminal Procedure 26 To Allow Remote Testimony, Alisson Sandoval

Touro Law Review

During the COVID-19 pandemic, when society fought an aggressive and deadly virus, our connection to the outside world became predominantly virtual. Videoconference technology became essential in state and federal civil judicial proceedings. In light of the unprecedented challenges presented by the pandemic and its long-lasting impact on the criminal justice system, this Article argues for amending Federal Rule of Criminal Procedure 26 to permit remote witness testimony when a witness is unavailable.


You Have The Right To Remain Silent, And It Can And Will Be Used Against You: Addressing Post-Arrest Pre-Miranda Silence, Maria P. Hirakis Jan 2022

You Have The Right To Remain Silent, And It Can And Will Be Used Against You: Addressing Post-Arrest Pre-Miranda Silence, Maria P. Hirakis

Touro Law Review

The right to remain silent has long been recognized by the Supreme Court as requiring a high degree of protection. Since Miranda v. Arizona was decided in 1966, procedural safeguards have been put in place to inform individuals of this right upon arrest. Yet, a gray area exists when it comes to the use of an individual's silence post-arrest. It may surprise some that a point in time exists when an individual has not yet been read their Miranda rights post-arrest. Several circuit courts have taken the position that any silence that follows arrest but precedes the reading of Miranda …


"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey Jan 2017

"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey

Touro Law Review

No abstract provided.


Court Of Appeals Of New York People V. Jeanty, Rosemarie Barnett Mar 2016

Court Of Appeals Of New York People V. Jeanty, Rosemarie Barnett

Touro Law Review

No abstract provided.


Administration Of The Criminal Justice System: When Efficiency Trumps A Fundamental Right, Sean Mcleod Jan 2016

Administration Of The Criminal Justice System: When Efficiency Trumps A Fundamental Right, Sean Mcleod

Touro Law Review

No abstract provided.


Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro Apr 2015

Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro

Touro Law Review

No abstract provided.


Supreme Court, New York County, People V. Gajadahar, Melanie Hendry Apr 2015

Supreme Court, New York County, People V. Gajadahar, Melanie Hendry

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Ramos, Brooke Lupinacci Apr 2015

Court Of Appeals Of New York, People V. Ramos, Brooke Lupinacci

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Young, Randy S. Pearlman Apr 2015

Appellate Division, Third Department, People V. Young, Randy S. Pearlman

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Berroa, Marcia Miller Apr 2015

Court Of Appeals Of New York, People V. Berroa, Marcia Miller

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Arroyo, Jean D 'Alessandro Apr 2015

Court Of Appeals Of New York, People V. Arroyo, Jean D 'Alessandro

Touro Law Review

No abstract provided.


The Line Holds, But Death May Matter: The Supreme Court's Criminal Procedure Decisions Of The 2001 Term, William Hellerstein Apr 2015

The Line Holds, But Death May Matter: The Supreme Court's Criminal Procedure Decisions Of The 2001 Term, William Hellerstein

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Taylor, Susan Persaud Dec 2014

Court Of Appeals Of New York, People V. Taylor, Susan Persaud

Touro Law Review

No abstract provided.


Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein Dec 2014

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Crawford V. Washington: Reclaiming The Original Meaning Of The Confrontation Clause, Danielle Dupre Dec 2014

Crawford V. Washington: Reclaiming The Original Meaning Of The Confrontation Clause, Danielle Dupre

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Nunez, Yale Pollack Dec 2014

Supreme Court, Kings County, People V. Nunez, Yale Pollack

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman Dec 2014

Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo Dec 2014

Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo

Touro Law Review

No abstract provided.


A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein Dec 2014

A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson Dec 2014

Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson

Touro Law Review

No abstract provided.


Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr. Nov 2014

Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Butler, Courtney Weinberger Nov 2014

Supreme Court, Bronx County, People V. Butler, Courtney Weinberger

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Miller, Courtney Weinberger Nov 2014

Supreme Court, Kings County, People V. Miller, Courtney Weinberger

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Chapman, Kerri Grzymala Nov 2014

Supreme Court, Kings County, People V. Chapman, Kerri Grzymala

Touro Law Review

No abstract provided.


Appellate Division, First Department, People V. Ramirez, Nicole Compas Nov 2014

Appellate Division, First Department, People V. Ramirez, Nicole Compas

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Paul, Adam D'Antonio Nov 2014

Supreme Court, Bronx County, People V. Paul, Adam D'Antonio

Touro Law Review

No abstract provided.


Appellate Division, First Department, People V. Bradley, Kathleen Egan Nov 2014

Appellate Division, First Department, People V. Bradley, Kathleen Egan

Touro Law Review

No abstract provided.


Not So Fast: I Have Been Deprived Of My Right To Counsel, Elias Arroyo Nov 2014

Not So Fast: I Have Been Deprived Of My Right To Counsel, Elias Arroyo

Touro Law Review

No abstract provided.


You Blew It: The Confrontation Clause & Breathalyzers As Testimonial Evidence, Stephanie Tuorto Nov 2014

You Blew It: The Confrontation Clause & Breathalyzers As Testimonial Evidence, Stephanie Tuorto

Touro Law Review

No abstract provided.


Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman Jun 2014

Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman

Touro Law Review

No abstract provided.