Criminal Law Commons^™

Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern

Cardozo Law Review

No abstract provided.

Self-Defense As A Justification For Punishment, George P. Fletcher

Cardozo Law Review

No abstract provided.

Aspects Of Interaction Between The Torah Law, The King’S Law, And The Noahide Law In Jewish Criminal Law, Arnold N. Enker

Cardozo Law Review

No abstract provided.

The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.

Speaking And Writing Against Hate, Martha Minow

Cardozo Law Review

No abstract provided.

In The Name Of The Law, Samuel Weber

Cardozo Law Review

No abstract provided.

The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato

Cardozo Law Review

No abstract provided.

The Adversarial System At Risk, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …

What Was Discovered In The Quest For Truth?, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

Criminal discovery has outstripped Justice Brennan's claim of "mixed" results. His description of the twenty-five year transformation as merely "rapid" is too modest. From the picture in 1963, which he accurately describes as "quite a bleak one," discovery is, today, de rigueur in criminal cases. There is little to suggest a general reduction of criminal case discovery in the future.

Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …

Improving Substance Abuse Treatment For Women, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.

Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …

The Fixed-Price Preemptive Right In The Community Land Trust Lease: A Valid Response To The Housing Crisis Or An Invalid Restraint On Alienation?, Christopher A. Seeger

Cardozo Law Review

No abstract provided.

Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies

Cardozo Law Review

No abstract provided.

When Will The Idling Statute Of Limitations Start Running In Rico Conspiracy Cases, Ellen Jancko-Baken

Cardozo Law Review

No abstract provided.

Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam

Articles

No abstract provided.

Contradiction And Critical Legal Studies, David G. Carlson

Cardozo Law Review

No abstract provided.

Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb

Cardozo Law Review

No abstract provided.

The Thin Blue Line: Art Or Trial In The Fact-Finding Process?, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Commentary objectively analyzes The Thin Blue Line, focusing on the film’s monologues, dramatizations, and exhibits. The film's organizational structure roughly parallels the stages of the criminal justice process, from the investigation and arrest of Adams to his trial, conviction, sentence, and post-conviction litigation. The prologue and epilogue unify the story. Part II attempts to explain the bizarre judicial result, focusing on the prosecutor's dominant role in the criminal justice process. It concludes, as does the film, that one of the fundamental features of our legal system - the intrinsic ability of the adversary process to discover …

Alcoholism, Intoxication, And The Criminal Law, Steven S. Nemerson

Cardozo Law Review

No abstract provided.

A Barrel Without Hoops: The Impact Of Counterterrorism On Israel's Legal Culture, Pnina Lahav

Cardozo Law Review

No abstract provided.

Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson

Cardozo Law Review

No abstract provided.

Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner

Cardozo Law Review

No abstract provided.

Law And Consciousness, Charles A. Reich

Cardozo Law Review

No abstract provided.

Proving The Defendant's Bad Character, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The classic study of the American jury shows that when a defendant's criminal record is known and the prosecution's case has weaknesses, the defendant's chances of acquittal are thirty-eight percent, compared to sixty-five percent otherwise. Because of the danger that jurors will assume that the defendant is guilty based on proof that his bad character predisposes him to an act of crime, the courts and legislatures have attempted to circumscribe the use of such evidence. Some prosecutors, however, although well aware of the insidious effect such prejudicial evidence can have on jurors, violate the rules of evidence, as well as …

The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart

Cardozo Law Review

No abstract provided.

Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony

Cardozo Law Review

No abstract provided.

The Matsushita Case: Tightened Concepts Of Conspiracy And Predation, Randolph Sherman

Cardozo Law Review

No abstract provided.

As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum

Cardozo Law Review

No abstract provided.

Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich

Cardozo Law Review

No abstract provided.

Preventive Detention, Curfews, Demolition Of Houses, And Deportations: An Analysis Of Measures Employed By Israel In The Administered Territories, Cheryl V. Reicin

Cardozo Law Review

No abstract provided.