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Articles 151 - 180 of 795
Full-Text Articles in Criminal Procedure
Courts Beyond Judging, Michael C. Pollack
Courts Beyond Judging, Michael C. Pollack
Articles
Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …
Entitlement To Punishment, Kyron J. Huigens
Entitlement To Punishment, Kyron J. Huigens
Articles
This Article advances the idea of entitlement to punishment as the core of a normative theory of legal punishment's moral justification. It presents an alternative to normative theories of punishment premised on desert or public welfare; that is, to retributivism and consequentialism. The argument relies on H.L.A. Hart's theory of criminal law as a "choosing system," his theory of legal rules, and his theory of rights. It posits the advancement of positive freedom as a morally justifying function of legal punishment.
An entitlement to punishment is a unique, distinctive legal relation. We impose punishment when an offender initiates an ordered …
Re: The Pretrial Risk Assessment-How New Jersey's Bail Overhaul Is Shaping Bail Reform Across The Country, Andrea Coppola
Re: The Pretrial Risk Assessment-How New Jersey's Bail Overhaul Is Shaping Bail Reform Across The Country, Andrea Coppola
Cardozo Journal of Equal Rights & Social Justice
The note argues that cash bail systems disproportionately affect low-income and minority defendants, leading to unnecessary pretrial detention. It advocates for the adoption of risk-based algorithms, such as New Jersey's Public Safety Assessment (PSA), to determine pretrial release, promoting fairness and efficiency. The PSA uses nine factors, excluding socioeconomic elements, to assess flight risk and public safety. The note also highlights Alaska's tailored approach, demonstrating the effectiveness of such tools when adapted to specific state needs. It concludes that widespread adoption of these algorithms, with proper safeguards, could reduce incarceration rates and enhance justice system equity.
Medication-Assisted Treatment: Statutory Schemes & Civil Rights Implications, Melissa Koppel
Medication-Assisted Treatment: Statutory Schemes & Civil Rights Implications, Melissa Koppel
Cardozo Journal of Equal Rights & Social Justice
The note argues that the denial of Medication-Assisted Treatment (MAT) to prisoners with opioid use disorder (OUD) violates the Americans with Disabilities Act (ADA) and the Eighth Amendment of the U.S. Constitution. It contends that states must implement MAT programs in prisons to comply with federal law, reduce recidivism, and improve public health outcomes. The analysis emphasizes that MAT is a medically recognized standard of care for OUD and that withholding it constitutes discrimination and cruel and unusual punishment.
Prosecutorial Declination Statements, Jessica A. Roth
Prosecutorial Declination Statements, Jessica A. Roth
Articles
This Article examines how prosecutors convey to various audiences their decisions not to charge in discrete cases. Although prosecutors regularly issue public statements about their declinations—and anecdotal evidence suggests that declination statements are on the rise—there is an absence of literature discussing the interests that such statements serve, the risks that they pose, and how such statements are consistent with the prosecutorial function. Prosecutors also operate in this space without clear ground rules set by law, policies, or professional standards. This Article attempts to fill that void. First, it theorizes the interests potentially advanced by such statements—characterized as signaling, accountability, …
Corruption Abroad: From Conflict To Co-Operation: A Comparison Of French And American Law And Practice, Fred Einbinder
Corruption Abroad: From Conflict To Co-Operation: A Comparison Of French And American Law And Practice, Fred Einbinder
Cardozo International & Comparative Law Review
The article examines the divergent approaches of France and the United States in combating corporate foreign corruption, highlighting their shared commitment to addressing the issue but differing legal frameworks and practices. While the U.S. employs participatory, lawyer-led systems with tools like plea bargaining and whistleblowing, France's inquisitorial, state-centric model has historically resisted such practices. The enactment of Sapin 2 in France marks a shift toward integrating American-style anti-corruption mechanisms, such as the Convention Judiciaire d'Intérêt Public (CJIP), while preserving core principles of French criminal law. The analysis underscores the challenges and opportunities of cross-border enforcement and the evolving cooperation between …
Return Of The King: Corruption Backsliding In America, Pedro Gerson
Return Of The King: Corruption Backsliding In America, Pedro Gerson
Cardozo International & Comparative Law Review
The United States appears to be going through a crisis of corruption. However, it is hard to know whether this is a matter of appearance or if the country is at risk of high levels of corruption making a comeback. The Article applies the equilibrium model of corruptionthe leading social science account of how corruption operates-to the current U.S. system, and shows that the United States may indeed be backsliding. The potential for corruption to creep back up is due to more than the political moment. Rather, it is the result ofpolitics combined with the relatively powerless institutional controls for …
Healers Or Dealers: The Effect Of Doctors Committing Health Care Fraud On The Opioid Epidemic, Peri Novick
Healers Or Dealers: The Effect Of Doctors Committing Health Care Fraud On The Opioid Epidemic, Peri Novick
Cardozo International & Comparative Law Review
The note argues that doctors who commit healthcare fraud by improperly prescribing opioids for personal gain should be held criminally liable for patient deaths resulting from their actions. It emphasizes that these physicians, often operating as "pill mills," violate ethical and legal standards, contributing significantly to the opioid epidemic. The analysis advocates for stronger legal enforcement and accountability to address this issue effectively.
Not Far Enough: The Rising Elderly Prison Population And Criminal Justice And Prison Reform Following The First Step Act Of 2018, Johnny Thach
Cardozo Journal of Equal Rights & Social Justice
The First Step Act of 2018, while representing a modest advancement in criminal justice reform, falls short of achieving meaningful change, particularly for elderly prisoners and those with disabilities. Despite its provisions for compassionate release and recidivism assessment, the Act is criticized for its restrictive eligibility criteria, lack of retroactive sentencing reforms, and insufficient oversight of the Bureau of Prisons (BOP). The note argues that the Act’s limitations perpetuate systemic issues, such as inadequate medical care and high mortality rates among elderly prisoners, highlighting the need for more comprehensive reforms to address these concerns effectively.
The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter
The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter
Cardozo Law Review de•novo
This Note discusses the history of the national dialogue regarding prosecutorial misconduct, analyzes recent state reforms, and proposes that New York's standing Brady orders and prosecutorial conduct commission provide the blueprint for ushering in a new era of prosecutorial accountability.
Get Out Of Jail Free Testimony And Other Examples Of Interest-Based Bargaining In The Criminal Justice System, Michael Rogers, Maria Garrett, Aaron Dekel
Get Out Of Jail Free Testimony And Other Examples Of Interest-Based Bargaining In The Criminal Justice System, Michael Rogers, Maria Garrett, Aaron Dekel
Cardozo Journal of Conflict Resolution
If you do the crime, you must do the time. Well, upon reflection, maybe not always. In the O.J. Simpson Las Vegas robbery case, his accomplices (the "O.Js") who cooperated with the prosecutor following their arrests were all sentenced to probation. The crime of robbery, particularly aggravated robbery, usually results in a lengthy prison sentence. So, why not here? That is because a criminal's most valuable, tradable currency is information. And, in this case, the O.J.s furthered the prosecutor's interest of convicting the bigger fish, or the higher priority defendant, by providing information and testimony to materially assist in convicting …
Have Problem-Solving Courts Changed The Practice Of Law?, Cynthia Alkon
Have Problem-Solving Courts Changed The Practice Of Law?, Cynthia Alkon
Cardozo Journal of Conflict Resolution
No abstract provided.
Can The Pursuit Of Truth Reconcile With The Principle Of Minimizing False Convictions?, Doron Menashe
Can The Pursuit Of Truth Reconcile With The Principle Of Minimizing False Convictions?, Doron Menashe
Cardozo Journal of Conflict Resolution
No abstract provided.
Arguing The Algorithm: Pretrial Risk Assessment And The Zealous Defender, Julian Adler, Sarah Picard, Caitlin Flood
Arguing The Algorithm: Pretrial Risk Assessment And The Zealous Defender, Julian Adler, Sarah Picard, Caitlin Flood
Cardozo Journal of Conflict Resolution
This article examines the growing use of algorithmic pretrial risk assessment tools in the United States as a response to the systemic inequities of cash bail and mass incarceration. While proponents argue that these tools offer objective, data-driven alternatives to judicial discretion, critics highlight their potential to reinforce racial and economic disparities. Amid this contentious debate, the authors call attention to the underexplored role of public defenders in mitigating the harms—and maximizing the decarcerative potential—of risk assessment algorithms. Drawing on examples from New York and New Jersey, the article outlines four key strategies for defenders: demanding transparency in algorithm design, …
Arbitrating With The Mafia: Why Civil Rico Statutes Are Improperly Used And How Class Action Arbitration May Provide Just Compensation For Forgotten Victims, Max Steinberg
Cardozo Journal of Conflict Resolution
From the nineteenth century onward, the United States has been overwhelmed by the rise of organized crime. For generations, criminal organizations have "infiltrated the social and economic fabric" of society and committed heinous crimes in almost every way imaginable. For decades, pop culture and Hollywood have been infatuated with criminal organizations. Movies, television shows, books, and podcasts have portrayed these organizations as interesting and complex entities. In most cinematic programs, the leaders of these mob organizations are the protagonists. Hollywood may portray fictional mob bosses as such, but in reality, their organizations often contain ruthless murderers. What seems to get …
Media In Flux: Does Consolidation Promote The Public Interest?, Simone A. Dvoskin
Media In Flux: Does Consolidation Promote The Public Interest?, Simone A. Dvoskin
Cardozo Arts & Entertainment Law Journal
The note examines the transformative impact of digital platforms on traditional media and the legal challenges arising from this shift, advocating for updated regulations to ensure accessibility, fairness, and public interest. It argues that the rapid evolution of technology has outpaced regulatory frameworks, necessitating reforms to address media consolidation, accessibility for individuals with disabilities, and the role of the FCC in overseeing new media platforms.
Where Drugs Are Involved, Universities Offer Education And Rehabilitation, While The Juvenile Justice System Offers Detention And Punishment: Why Juvenile Drug Courts Are The Answer, Samantha Balanevsky
Where Drugs Are Involved, Universities Offer Education And Rehabilitation, While The Juvenile Justice System Offers Detention And Punishment: Why Juvenile Drug Courts Are The Answer, Samantha Balanevsky
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Champion Of Innocence, Maddy Delone, Meredith Kennedy, Barry Scheck
Champion Of Innocence, Maddy Delone, Meredith Kennedy, Barry Scheck
Articles
The article serves as a tribute to Dean Larry Hellman, highlighting his pivotal role in establishing and sustaining the Oklahoma Innocence Project. It argues that his leadership, fundraising, and advocacy were essential in creating a sustainable legal infrastructure to combat wrongful convictions in Oklahoma.
The Right To Stay: The Suspension Clause, Constitutional Avoidance, And Federal District Court Jurisdiction To Grant Stays Of Removal Despite 8 U.S.C. Sec. 1252(G), Yael Ben Tov
Cardozo Law Review
No abstract provided.
Katz In The Cradle: The Second Justice Harlan And Reasonable Expectations Of Privacy In Electronic Transactional Information, Zachary Silver
Katz In The Cradle: The Second Justice Harlan And Reasonable Expectations Of Privacy In Electronic Transactional Information, Zachary Silver
Cardozo Law Review
No abstract provided.
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Cardozo Law Review
No abstract provided.
From Decarceration To E-Carceration, Chaz Arnett
From Decarceration To E-Carceration, Chaz Arnett
Cardozo Law Review
Each year, millions of Americans experience criminal justice surveillance through electronic ankle monitors. These devices have fundamentally altered our understanding of incarceration, punishment, and the extent of the carceral state, as they are increasingly offered as moderate penal sanctions and viable solutions to the problem of mass incarceration. They purportedly enable decarceration, albeit with enhanced surveillance in the community as the compromise. Proponents of the devices tout the public safety and cost benefits while stressing the importance of depopulating prisons and returning individuals to theircommunities. In recent years, an oppositional movement has developed, focused on highlighting the social harms of …
Global Justice Vs. U.S. Global Hegemony: Rejecting Bolton’S Opposition To The Icc, Norman Swazo
Global Justice Vs. U.S. Global Hegemony: Rejecting Bolton’S Opposition To The Icc, Norman Swazo
Cardozo International & Comparative Law Review
Former U.S. National Security Advisor John R. Bolton has announced that as an official Trump Administration national security policy, the USA will not support the International Criminal Court (ICC) and instead will work for its demise. At issue here is a concept of global justice versus insistence on US global hegemony and a Pax Americana. Here, the author argues against Bolton's position rejecting the legitimacy of international law and the ICC. Bolton 's appeal to a principle of consent must yield to a principle of salience, as defended by Ronald Dworkin; a concept ofjustice, as advocated by Amartya Sen; and …
The State Of Juvenile Diversion In Kosovo, Jason R. Tashea
The State Of Juvenile Diversion In Kosovo, Jason R. Tashea
Cardozo International & Comparative Law Review
Through original, in-country interviews and research, this Article will introduce Kosovo's current juvenile diversion system and the need for its continued improvement. Kosovo-Europe 's youngest country-has instituted juvenile diversion, mediation, and educational alternatives to the traditional criminal justice system. This is positive progress, since research shows that children are developmentally more susceptible to reform and reeducation than adults. Thus, rehabilitating a child instead ofpunishing him lessens the chance the child will recommit a crime. However, there is evidence-informed by interviews with national and local stakeholders-that there is still room for procedural and statutory changes to expand the adoption, use, and …
Climate Of Fear: Admission Of Prior Bad Acts To Establish Coercion In Human Trafficking Cases, Masha Simonova
Climate Of Fear: Admission Of Prior Bad Acts To Establish Coercion In Human Trafficking Cases, Masha Simonova
Cardozo Journal of Equal Rights & Social Justice
The article argues that evidence of a defendant's prior bad acts, such as gang membership or violent behavior, should be admissible in human trafficking cases to establish coercion. This evidence is crucial for demonstrating the "climate of fear" created by traffickers, which is central to proving coercion under the Trafficking Victims Protection Act (TVPA). The author contends that such evidence is not only intrinsic to the crime but also admissible under Federal Rule of Evidence 404(b) for permissible purposes, such as proving intent, knowledge, or modus operandi.
A Second Step Act For The States (And Counties, And Cities), John F. Pfaff
A Second Step Act For The States (And Counties, And Cities), John F. Pfaff
Cardozo Law Review
No abstract provided.
Federal Criminal Risk Assessment, Brandon L. Garrett
Federal Criminal Risk Assessment, Brandon L. Garrett
Cardozo Law Review
No abstract provided.
The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy
The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy
Cardozo Law Review
No abstract provided.
The Right To Appointed Counsel: The Case For Unaccompanied Immigrant Children, Amanda Kavita Sewanan
The Right To Appointed Counsel: The Case For Unaccompanied Immigrant Children, Amanda Kavita Sewanan
Cardozo Law Review
No abstract provided.
We The People: These United Divided States, Catherine Powell
We The People: These United Divided States, Catherine Powell
Cardozo Law Review
In the wake of President Trump's announcement that he will withdraw the United States from the 2015 Paris Agreement on climate change, then-California Governor Jerry Brown called on the President to fight climate change or to "get out of the way" while the rest of the world works to reduce emissions and invest in clean energy. Similarly, former New York City Mayor Michael Bloomberg-now a United Nations (U.N.) Special Envoy for Cities and Climate Change-said, "If Washington won't lead, then mayors and governors will." Indeed, Trump's threat to withdraw has not only been met with widespread criticism and derision abroad …