Criminal Procedure Commons^™

Saying What The Law Might Be? Courts, Geofence Warrants, And The Fourth Amendment Labyrinth, Ciara Lavin

Cardozo Law Review

Since 2016, Google has received thousands of geofence warrant requests from law enforcement, requesting Google to scan through its vast database of users to identify who and what devices entered into, or exited out of, a set of coordinates in a specified period of time. Several cases began making their way through the federal courts to delineate the legality of such warrants—with challenges spanning the vast amount of data they search, their relative accuracy, and whether they comported with the Fourth Amendment. Then, in the summer of 2024, two federal appellate courts handed down decisions just weeks apart: the Fourth …

Fixing Forty Years Of Failure: Objective Solutions To Batson’S Subjective Shortfalls, Katherine E. Donoghue

Cardozo Law Review

It is a sunny afternoon in rural Georgia. A young Black man goes for a jog. On his route, he crosses the train tracks and heads into a predominantly White neighborhood. As his sneakers rhythmically hit the pavement, he hears the rev of a pickup truck behind him. Shortly after, he hears a second truck. The young jogger picks up his pace, but so do the trucks. The trucks chase him and eventually surround him. Two White men get out with shotguns. One stands ready, barrel raised. The other approaches the jogger and fires a bullet into his chest.

That …

A “Consistent And Ongoing” Right: The Sixth Amendment Right To Counsel At Initial Bail Hearings, Gemma Sunnergren

Cardozo Law Review

Despite the potentially devastating consequences of pretrial incarceration and the complexity of modern bail applications, many individuals charged with crimes across the country are not appointed counsel to guide them through their bail hearings. Traditionally, application of the Sixth Amendment’s right to counsel in various pretrial proceedings has been evaluated under the “critical stage” framework, finding defense counsel necessary when a proceeding puts one’s trial rights at risk or is sufficiently trial-like—i.e., adversarial and requiring complex legal arguments. In the absence of a clear Supreme Court ruling, states have been left to conduct their own analysis, with many declining to …

People V. Goetz, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Criminal Law Society

2025–2026 Flyers

Author Elliot Williams will discuss his new book, Five Bullets: The Story of Bernie Goetz, New York's Explosive '80s, and the Subway Vigilante Trial That Divided the Nation. The Goetz case will be familiar to Cardozo students from1L Criminal Law curriculum and the discussion will highlight the case's broader social and cultural impact. Five Bullets is a New York Times & Washington Post "Most Anticipated Book of 2026"

Book Talk: Cnn Legal Analyst Elliot Williams On Five Bullets, Jacob Burns Center For Ethics In The Practice Of Law, Criminal Law Society, Elliot Williams, Jessica A. Roth

2026 Event Invitations

Join the Jacob Burns Center for Ethics in the Practice of Law and the Cardozo Criminal Law Society for a conversation with Elliot Williams about his new book, Five Bullets: The Story of Bernie Goetz, New York's Explosive '80s, and the Subway Vigilante Trial That Divided the Nation. This book revisits the infamous Goetz case and its broader legal and cultural impact. Mr. Williams will be joined in conversation by Professor Jessica Roth.

Professor Gary Galperin, Cardozo Criminal Law Society

2025–2026 Flyers

Come hear Professor Gary Galperin discuss his work as a New York County Assistant District Attorney, including prosecuting landmark terrorism cases under New York's post 9/11 anti-terror laws.

Liam Malanaphy: 18-B Attorney Speaks!, Cardozo Criminal Law Society

2025–2026 Flyers

Former prosecutor turned defense attorney. Learn about defending indigent clients and life as an 18-B attorney.

A Discussion Of The History Of Punishment And Democracy, National Lawyers Guild, Cardozo Chapter, Cardozo Center For Rights And Justice

2025–2026 Flyers

Cardozo NLG Abolition Week Event

Criminal Appellate Defense, Cardozo Criminal Law Society

2025–2026 Flyers

Join us for an insightful vent from the talented and accomplished Kayla Kelly, who will discuss her work in criminal appellate defense and law school advice.

Special Screening And Panel: The Alabama Solution, Perlmutter Center For Legal Justice, Death Penalty And Criminal Defense Clinic

2025–2026 Flyers

No abstract provided.

The Perlmutter Center For Legal Justice And The Death Penalty And Criminal Defense Clinic Present A Screening Of The Oscar-Nominated Film: The Alabama Solution, Perlmutter Center For Legal Justice At Cardozo Law, Death Penalty And Criminal Defense Clinic

2026 Event Invitations

The Alabama Solution is a groundbreaking, critically-acclaimed HBO documentary released in 2025, documenting prison conditions in Alabama from footage recorded by people experiencing incarceration. The screening will be followed by a panel led by Perlmutter Center Deputy Director Derrick Hamilton.

Panelists

• Jose Saldana: Director, Release Aging People in Prison Campaign

• Dr. Donna Hylton: Founder and CEO, A Little Piece of Light

• Alex Duran: Co-Producer of Academy Award Nominated Film, The Alabama Solution

• David Garlock: Reentry professional and criminal justice reform advocate

• Sumeet Sharma: Director, Policy and Communications at the Correctional Association of New York

Milbank Expands Partnership With The Perlmutter Center For Legal Justice At Cardozo Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Milbank LLP announced a significant expansion of its partnership with the Perlmutter Center for Legal Justice at Cardozo School of Law, increasing its charitable commitment to $2.5 million through 2029. The expanded funding will strengthen the Milbank Exoneration Review Unit, support additional staffing, and advance post-conviction advocacy for wrongfully convicted and excessively sentenced individuals.

The Laura And Isaac Perlmutter Foundation Expands Support For The Perlmutter Center For Legal Justice At Cardozo Law Of Yeshiva University, Bringing Their Total Contribution To $16 Million, With Up To An Additional $2 Million Committed, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Laura and Isaac Perlmutter Foundation announced an additional $500,000 gift to the Perlmutter Center for Legal Justice at Cardozo School of Law, along with a four-year matching commitment of up to $2 million. The expanded support will strengthen the Center's work on wrongful convictions, clemency, resentencing, and experiential legal education while advancing criminal justice reform initiatives.

Perlmutter Center's Derrick Hamilton, Reform Advocates Secure Passage Of New York State's Prison Justice Omnibus Package, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law recognized Derrick Hamilton, Deputy Director of the Perlmutter Center for Legal Justice, and fellow criminal justice reform advocates for their role in advancing New York State's Prison Justice Omnibus Package. The legislation expands transparency, oversight, and accountability in state correctional facilities and reflects the advocacy of the End Prison Violence campaign.

Race Conscious Programs After Students For Fair Admissions, Seonwoo Kim

Cardozo Journal of Equal Rights & Social Justice

The note argues that the federal government can legally mitigate geographical segregation and economic oppression by implementing race-conscious infrastructure and procurement policies. It contends that such efforts remain a compelling state interest under the strict scrutiny standards established in Students for Fair Admissions (SFFA), provided they are designed to remedy specific, identifiable past government discrimination.

How To Stop Mass Shootings Without Violating The Second Amendment: Designing Regulations To Prevent Acts Of Mass Violence That Pass The 6:3 History And Tradition Test, Robert D'Alessandro

Cardozo Journal of Equal Rights & Social Justice

The article proposes that states can constitutionally implement ammunition possession limits to reduce mass violence by aligning such laws with the "history and tradition" test established by the current Supreme Court. It argues that modern caps on ammunition are analogous to early American gunpowder restrictions, which were enacted for public safety to prevent catastrophic explosions in populated areas.

Data Sanctuaries: Rethinking Technological Progress To Preserve Federalism, Nathan S. Lee

Cardozo Journal of Equal Rights & Social Justice

Why are sanctuary states and cities in the present moment largely failing to protect immigrants and other vulnerable people from federal enforcement of an agenda based on mass deportation and fear? While federalism was painted during the Civil Rights Era as a weapon of states to protect policies of discrimination and segregation, federalism was also a powerful tool used by Northern States before the Civil War to resist Southern and federal laws enabling the dehumanizing capture and transport offugitive slaves (or suspected fugitive slaves). What has changed in the passing years to make federalism seem like such a thin concept, …

Public Defender Discretion, Alma Magaña

Articles

A focus of criminal legal system reform efforts has been the curtailment of police, prosecutorial, and judicial discretion, which has been criticized for its arbitrariness and its contribution to racial, class, and gender disparities. However, one system actor has largely escaped similar scrutiny: public defenders, who, by grant of authority from ethical rules of practice and Supreme Court jurisprudence, have significant decision-making authority in the cases of indigent persons charged with crimes.

This Article will, for the first time, explore the historical rationale for giving public defenders the power to make life-altering decisions for their clients. Specifically, it dissects the …

Freedom Clinic Faculty And Students Win Clemency Case Through New Jersey Second Chance Initiative, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Perlmutter Center for Legal Justice at Cardozo Law secured clemency for LaShawn Fitch through New Jersey's Second Chance Initiative. Cardozo Freedom Clinic faculty and students helped prepare Mr. Fitch's clemency petition, highlighting issues surrounding felony-murder sentencing, the trial penalty, and juvenile justice.

The Perlmutter Center For Legal Justice At Cardozo Law Secures Release Of Ernest Taylor After Serving 22 Years In Prison For A Minor Theft, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Announcement of the Perlmutter Center securing Ernest Taylor's release after resentencing.

When Executions Don't Kill: The Stories Of Eight People Who Survived Their Date With Death, Austin Sarat, Julia Morgan-Canales, Aidan Gemme

Cardozo Journal of Equal Rights & Social Justice

This Article focuses on the eight people who have survived execution attempts in the last 100 years. Some of them faced a second attempt to carry out the sentence. Others escaped that fate only to die in prison; one reached an agreement with the state to allow them to remain in prison for the rest oftheir life, and the fate of another is up in the air.

By examining what went wrong in their executions and the accounts of those events offered by defense lawyers, state officials, and judges, this Article suggests that these executions fall into distinct genres. Each …

August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.

Benjamin Ferencz In The Cold War, Noah Weisbord

Cardozo International & Comparative Law Review

The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.

Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan

Cardozo International & Comparative Law Review

The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.

The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin

Cardozo International & Comparative Law Review

The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.

No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon

Cardozo International & Comparative Law Review

The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.

Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale

Cardozo International & Comparative Law Review

The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.

The Truth Should Set You Free: The Case For Removing State Knowledge Requirements From False Testimony Standards, Alexa Pietrowsk

Cardozo Law Review

False testimony claims are an increasinglypopular vehicle in a handful ofstates through which petitioners can challenge unconstitutional criminal convictions. Successful false testimony claims grant petitioners access to remedies guaranteed by the Due Process Clause and overturn offending convictions, giving individuals access to new trials or similar relief But like many post-conviction standards, false testimony is evaluated differently from state to state, producing disparate results. While every state's standard requires that the testimony used at trial be proven both false and material to the petitioner's conviction, states diverge as to whether petitioners must show that a state actor-usually prosecutors or police-knew …

Springboard To Article V (Or Electoral Democracy And The End Of Constitutional Amendment In The Nation And States), Wilfred U. Codrington Iii

Articles

Drafted in exceedingly sparing terms and notoriously difficult to amend, the U S. Constitution is falling short in one of the most important functions of a government charter: establishing and maintaining a fair and just electoral framework-marked by rules that promote the values of equality, participation, competition, and transparency in elections. That is, the Constitution increasingly fails to preserve electoral democracy even as the nation's systems for voting and elections are plagued by a cascade of problems. State constitutions, though not uniform, are uniformly easier to amend than the national charter and tend to be better stewards of electoral democracy. …

The End(S) Of Bankruptcy Exceptionalism: Purdue Pharma And The Problem Of Social Debt, Jonathan C. Lipson, Pamela Foohey

Cardozo Law Review

The Supreme Court’s recent 5-4 decision in the controversial chapter 11 bankruptcy reorganization of opioid-maker Purdue Pharma ends the use of nonconsensual third-party “releases,” which discharge (eliminate) liabilities of nondebtors who may share liability with a corporate debtor. Although the majority opinion is correct that the Bankruptcy Code does not permit this, it failed to recognize the problematic exceptionalism of the lower courts which approved those releases or the “social” qualities of Purdue Pharma’s mass tort liability.

Bankruptcy exceptionalism has been a contested concept since it emerged over fifteen years ago and reflects a willingness to bend the rule of …