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Articles 31 - 60 of 139
Full-Text Articles in Criminal Procedure
Black Deaths Matter: The Race-Of-Victim Effect And Capital Punishment, Daniel S. Medwed
Black Deaths Matter: The Race-Of-Victim Effect And Capital Punishment, Daniel S. Medwed
Brooklyn Law Review
The racial dimensions of the death penalty are well-documented. Many observers assume this state of affairs derives from bias—often implicit and occasionally explicit—against black defendants in particular. Research points to an even more alarming factor. The race of the victim, not the defendant, steers cases in the direction of death. Regardless of the perpetrator’s race, those who kill whites are more likely to face capital charges, receive a death sentence, and die by execution than those who murder blacks. This short Essay adds a contemporary gloss to the race-of-victim effect literature, placing it in the context of the Black Lives …
The End Of Liberty, Adam J. Kolber
Victims, Right?, Anna Roberts
Police Reform Through A Power Lens, Jocelyn Simonson
Police Reform Through A Power Lens, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
The Curriculum Of The Carceral State, Alice Ristroph
The Curriculum Of The Carceral State, Alice Ristroph
Faculty Scholarship
No abstract provided.
Prosecuting Misconduct: New York’S Creation Of A Watchdog Commission, Danielle Robinson
Prosecuting Misconduct: New York’S Creation Of A Watchdog Commission, Danielle Robinson
Brooklyn Law Review
Prosecutors play an integral role in America’s inherently adversarial criminal justice system and thus have a significant impact on the individual liberties of accused citizens. Therefore, they have long since been subject to continuous scrutiny by the public, which in turn leads to criticism of state legislatures for not addressing the issue. The state of New York attempted to meet this challenge of prosecutorial misconduct head-on as part of a multi-pronged criminal justice reform agenda with the creation of a first-in-the-nation commission on prosecutorial conduct (CPC). At this point in time, the CPC has been held unconstitutional. This note will …
Convictions As Guilt, Anna Roberts
An Intellectual History Of Mass Incarceration, Alice Ristroph
An Intellectual History Of Mass Incarceration, Alice Ristroph
Faculty Scholarship
No abstract provided.
Introducing Disruptive Technology To Criminal Sanctions: Punishment By Computer Monitoring To Enhance Sentencing Fairness And Efficiency, Mirko Bagaric, Dan Hunter
Introducing Disruptive Technology To Criminal Sanctions: Punishment By Computer Monitoring To Enhance Sentencing Fairness And Efficiency, Mirko Bagaric, Dan Hunter
Brooklyn Law Review
The United States criminal justice system is the most punitive on earth. The total correctional population is nearly seven million, equating to a staggering one in thirty-eight adults. Most of the correctional population comprises offenders who are on parole or probation, and a high portion of these defendants who are on parole or probation reoffend during the sanction period. There has been a growing consensus among lawmakers and the wider community that reforms need to be implemented to reduce the cost of criminal sanctions and to improve their effectiveness. For example, the United States Sentencing Commission has recently proposed an …
Give Me Liberty Or Give Me . . . Alternatives?: Ending Cash Bail And Its Impact On Pretrial Incarceration, Muhammad B. Sardar
Give Me Liberty Or Give Me . . . Alternatives?: Ending Cash Bail And Its Impact On Pretrial Incarceration, Muhammad B. Sardar
Brooklyn Law Review
Every day in the United States, thousands of pretrial defendants are imprisoned due to their inability to afford bail. These individuals have not been convicted of an offense, yet are incarcerated for the crime of being poor. Pretrial incarceration wreaks havoc both on the individual detainee and society at large. Pretrial detainees are more likely to plead guilty, receive higher sentences, and face grave future economic prospects. The cash bail system in particular disproportionately affects racial minorities, furthering the already racially disparate outcomes inherent in the U.S. criminal justice system. From a societal perspective, the increased rate of incarceration due …
When Death Becomes An Option: How Aedpa’S Opt-In Provisions Will Violate The Constitutional Rights Of Habeas Corpus Petitioners, Alexander Brock
When Death Becomes An Option: How Aedpa’S Opt-In Provisions Will Violate The Constitutional Rights Of Habeas Corpus Petitioners, Alexander Brock
Journal of Law and Policy
For centuries, the writ of habeas corpus has allowed imprisoned men and women to challenge the validity of their detention as the final source of relief from criminal sentences. For those convicted of the death penalty, it is the last resource standing between life and death. Despite its monumental significance in America’s legal history, the “Great Writ” was dealt a devastating blow with the introduction of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) of 1996. Designed to expedite the legal processes from sentencing to execution, AEDPA drastically limited the avenues of relief sought by habeas petitioners. Yet, the law …
Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto
Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto
Journal of Law and Policy
Your Honor, I understand the appeal of using this sentencing software, EVALUATE. I do. It appears to be efficient, precise, immune to emotion and lapses in logic. It seems fair and unbiased, so shouldn’t we attempt to be fair and unbiased in evaluating whether it actually works? 32, 19, 34 . . . 32% is the federal recidivism rate. 19%? 19% is the recidivism rate of defendants tried and sentenced in your court, Judge Barish. It’s one of the lowest in the Southern District. 34%? That’s the recidivism rate of EVALUATE, higher than the national average, 15 points behind you.
The Place Of The People In Criminal Procedure, Jocelyn Simonson
The Place Of The People In Criminal Procedure, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
The (Im)Partial Jury: A Trial Consultant’S Role In The Venire Process, Stephanie M. Coughlan
The (Im)Partial Jury: A Trial Consultant’S Role In The Venire Process, Stephanie M. Coughlan
Brooklyn Law Review
Over the last four decades, trial consultants have become integral members of the venire process. Before the trial consulting field emerged, attorney-conducted voir dire focused too heavily on an attorney’s gut instincts and subconscious biases. This note highlights two concerns arising from attorney-conducted voir dire. First, in Batson v. Kentucky and its progeny, the Supreme Court addressed the unconstitutionality of a system that permits attorneys to strike jurors based on unfounded prejudices. Although Batson and its progeny prohibit lawyers from exercising discriminatory challenges against prospective jurors, this practice can easily go undetected. Second, as illustrated in Peña-Rodriguez v. Colorado, the …
Arrests As Guilt, Anna Roberts
Lead Us Not Into Temptation: A Response To Barbara Fedders's Opioid Policing, Anna Roberts
Lead Us Not Into Temptation: A Response To Barbara Fedders's Opioid Policing, Anna Roberts
Faculty Scholarship
No abstract provided.
Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum
Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum
Brooklyn Law Review
This essay advocates that prosecutors’ peremptory strikes should be eliminated in interracial capital cases. The application of the death penalty has a race problem, especially for interracial cases. A conviction is far more likely if the defendant is black and the victim is white. This is due to the fact that in interracial cases, prosecutors utilize peremptory strikes to prevent black jurors from serving on cases in which the defendant is black and the victim is white. This essay is the first to argue that such a system stacks the deck against defendants in interracial capital cases in an unconstitutional …
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review
We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …
Farewell To The Felonry, Alice Ristroph
Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo
Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo
Journal of Law and Policy
As the forensic science industry grows, so do the scandals – overburdened crime labs, unverified science, corrupt analysts, and diminishing federal oversight. Given the need to ensure that valid forensic science-based evidence is used at trial, a criminal defense attorney typically has the opportunity to cross-examine the scientist who conducted the forensic analysis. However, the 2012 Supreme Court decision of Williams v. Illinois has muddied an otherwise cohesive Confrontation Clause doctrine, allowing for the admission of forensic evidence without the testimony of the forensic scientist, but with no clear holding and different interpretations about what is considered “testimonial evidence.” To …
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
Brooklyn Law Review
This article challenges the adequacy of the existing legal and regulatory framework governing informant recruitment and coercion practices to protect fundamental rights, informed by the Muslim-American experience. It looks at the growing law enforcement practice of recruiting informants among Muslim-American communities for intelligence gathering purposes. Although the coercion of law-abiding individuals to provide information to federal law enforcement agencies for intelligence gathering purposes implicates significant rights, it is left unregulated. Existing, albeit limited, restraints on the government agents’ ability to coerce individuals to provide information either assume a criminal context, or are driven by historical concerns over FBI corruption. As …
Narrowing The Legrand Test In New York State: A Necessary Limit On Judicial Discretion, Katherine I. Higginbotham
Narrowing The Legrand Test In New York State: A Necessary Limit On Judicial Discretion, Katherine I. Higginbotham
Brooklyn Law Review
The admission of expert testimony on eyewitness identification evidence is an effective means of ensuring that juries and judges will weigh eyewitness identification evidence appropriately. The fallibility of such evidence is an increasingly well-researched and documented phenomenon in criminal law. Despite publicity of the frequency with which eyewitness identification evidence leads to wrongful convictions, studies show that jurors are often unable to properly assess the probative value of such testimony. Judges are also often unfamiliar with the factors that affect the reliability of eyewitness identification evidence. A 2016 Court of Appeals of New York case, People v. McCullough, represented a …
Techno-Policing, I. Bennett Capers
Criminal Procedure And The Good Citizen, I. Bennett Capers
Criminal Procedure And The Good Citizen, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Criminal Procedure, The Police, And The Wire As Dissent, I. Bennett Capers
Criminal Procedure, The Police, And The Wire As Dissent, I. Bennett Capers
Faculty Scholarship
No abstract provided.
The Constitution Of Police Violence, Alice Ristroph
The Constitution Of Police Violence, Alice Ristroph
Faculty Scholarship
No abstract provided.
Race, Policing, And Technology, Bennett Capers
Race, Policing, And Technology, Bennett Capers
Faculty Scholarship
No abstract provided.
Bail Nullification, Jocelyn Simonson
Pricing Justice: The Wasteful Enterprise Of America's Bail System, Liana M. Goff
Pricing Justice: The Wasteful Enterprise Of America's Bail System, Liana M. Goff
Brooklyn Law Review
This note contributes to the growing national consensus about the need to reduce the population of low-income defendants who are detained pretrial due to their inability to afford bail. It documents the efforts undertaken by certain state actors to mitigate the harmful consequences of wealth-based pretrial systems and critiques the so-called alternatives to cash bail—namely, supervised release programs. This note suggests that lawmakers eliminate the role of finances and incarceration in pretrial procedure altogether and recommends an approach to criminal procedure that is based not only on heuristic methods of measuring cost and benefit but also normative principles of good …
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Brooklyn Law Review
The fate of defendants facing lengthy federal sentence enhancements often turns on what the U.S. Supreme Court calls the categorical approach. The approach controls whether a federal defendant might face an additional decade or longer in prison based solely on having prior convictions of a certain type. At a time when many question the wisdom of mass incarceration, the Court has taken great care to delimit the circumstances in which a federal sentencing judge can lengthen sentences based on recidivism. The categorical approach also governs most immigration cases involving deportation for a crime. As Congress has cut back deportation defenses …