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Articles 61 - 90 of 398
Full-Text Articles in Criminal Procedure
Due Process Supreme Court Appellate Division
Due Process Pringle V. Wolfe (Decided 28, 1996)
Due Process Pringle V. Wolfe (Decided 28, 1996)
Touro Law Review
No abstract provided.
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Redefining The Reasonable Person In Police Encounters: The Impact Of The Mainstream News Media’S Portrayal Of Modern Police Conduct, Taurus Myhand
Redefining The Reasonable Person In Police Encounters: The Impact Of The Mainstream News Media’S Portrayal Of Modern Police Conduct, Taurus Myhand
Scholarly Works
Who is the “reasonable person”? There is little doubt that every competent legal professional, both in law practice and in the academic setting, has spent a great deal of time attempting to define the reasonable person. “Reasonableness is largely a matter of common sense.” In police encounters, the definition is certainly important to the outcome of questionable police conduct. How the reasonable person is defined often determines whether a police officer has infringed on an individual’s Fourth Amendment guarantee to be secure in their person against unreasonable searches and seizures. As the narratives of the news media shape how some …
Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz
Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz
Touro Law Review
No abstract provided.
Lee V. United States: The Unusual Circumstances Test For Strickland Relief, Zachary Segal
Lee V. United States: The Unusual Circumstances Test For Strickland Relief, Zachary Segal
Touro Law Review
No abstract provided.
Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox
Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox
Touro Law Review
No abstract provided.
Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik
Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik
Touro Law Review
No abstract provided.
Will The Jury System Survive The Peña-Rodriguez Exception To Rule 606(B)?: The Court’S Response To Racial Discrimination By A Juror Leaves The Future Of The American Jury Trial System In Jeopardy, Taurus Myhand
Scholarly Works
The enforcement of no-impeachment rules has been a long-standing tradition in the United States preventing jurors from offering testimony as to impeach their own verdict. In March 2017, the Supreme Court changed course from centuries of jurisprudence and superseded the Federal Rules of Evidence with a new exception to Rule 606(b) in the Court’s decision in Peña-Rodriguez v. Colorado. The Court’s effort to “root out” racial bias in the justice system resulted in the debunking of the legislative authority granted to the Congress while creating an exception that does little, if anything, toward eliminating racial bias during jury deliberations. In …
You Be The Judge: The Wholesale Implementation Of Bail Schedules By The Judiciary As An Abdication Of Adjudicatory Responsibility Creating A Disparate Impact For African-Americans And Hispanics Accused Of A Criminal Offense, Taurus Myhand
Scholarly Works
The presumption of innocence is not well illustrated in the age-old and widespread use of monetary bail systems by most jurisdictions throughout the United States. In fact, whether a person is detained in jails prior to the final disposition of the case, is not likely to be dependent on the strength of the government’s case toward proving the accusee’s guilt. Rather, pre-trial detention is much more dependent on whether the accusee has the means to pay an amount of money determined by a court.
As the calls for bail reform resurges, many legal professionals are looking for alternatives to monetary …
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Touro Law Review
No abstract provided.
The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman
The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman
Touro Law Review
No abstract provided.
That's What She Said: An Evaluation Of Whether Hearsay Exceptions Should Be Permitted In Accusatory Instruments, Andrea Laterza
That's What She Said: An Evaluation Of Whether Hearsay Exceptions Should Be Permitted In Accusatory Instruments, Andrea Laterza
Touro Law Review
No abstract provided.
The Potential Utility Of Disciplinary Regulation As A Remedy For Abuses Of Prosecutorial Discretion, Samuel J. Levine
The Potential Utility Of Disciplinary Regulation As A Remedy For Abuses Of Prosecutorial Discretion, Samuel J. Levine
Scholarly Works
This Essay is part of a larger project exploring the possibility that, contrary to much of the prevailing scholarship, judicial supervision of the prosecutor’s charging decision—through both expansive judicial interpretation of current ethics rules and judicial enactment and enforcement of more extensive ethics rules—might serve as a viable and effective mechanism for meaningful review and regulation.
In a forthcoming article, Bruce Green and I identify and respond to some of the reasons scholars have generally steered clear of considering the option that judges might play a more robust role in supervising prosecutors’ charging discretion by implementing enhanced disciplinary rules addressing …
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein
Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Family Court, Seneca County, In Re Kaufman, Edward Callaghan
Family Court, Seneca County, In Re Kaufman, Edward Callaghan
Touro Law Review
No abstract provided.
First Department, People V Robinson, Courtney Blakeslee
First Department, People V Robinson, Courtney Blakeslee
Touro Law Review
No abstract provided.
First Department, People V. Mason, Kathleen Byrne
First Department, People V. Mason, Kathleen Byrne
Touro Law Review
No abstract provided.
The Uneven Playing Field: Ethical Disparities Between The Prosecution And Defense Functions In Criminal Cases, Thomas F. Liotti, Christopher Zeh
The Uneven Playing Field: Ethical Disparities Between The Prosecution And Defense Functions In Criminal Cases, Thomas F. Liotti, Christopher Zeh
Touro Law Review
No abstract provided.
Law Professor's Sabbatical In District Attorney's Office, Bobby Marzine Harges
Law Professor's Sabbatical In District Attorney's Office, Bobby Marzine Harges
Touro Law Review
No abstract provided.
People V. Johnson, Donna A. Napolitano
People V. Buie, Deborah A. Monastero
Matter Of Baim V. Eidens, Evan M. Zuckerman