Undercover Policing, Overstated Culpability,
2013
NYU School of Law
Undercover Policing, Overstated Culpability, Eda Katharine Tinto
Cardozo Law Review
This Article examines the legal doctrine of "sentencing manipulation," a claim, raised at the time of sentencing, in which the defendant argues that undercover police officers purposefully encouraged him to commit particular criminal conduct in order to expose him to a longer, and often mandatory, prison sentence. Currently, the claim of sentencing manipulation has no uniform definition or application and lacks a consistent animating theory. Based on traditional theories of punishment and the systemic interest in an accurate determination of a defendant's criminal culpability, this Article argues that inducements, used by undercover officers and their agents to encourage the suspect …
"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification,
2013
Benjamin N. Cardozo School of Law
"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification, Gilbert M. Rein
Cardozo Law Review
No abstract provided.
Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else,
2013
William & Mary Law School
Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus
Faculty Publications
No abstract provided.
Tel Aviv-Jaffa District Commander V. Israel Internet Association,
2013
Supreme Court of Israel
Tel Aviv-Jaffa District Commander V. Israel Internet Association, Uzi Vogelman, Asher Grunis, Noam Sohlberg
Translated Opinions
Facts: In August 2010, the Israel Police ordered major Israeli Internet access providers to block access to eight gambling websites operating outside the State of Israel. The orders were based on section 229 of the Penal Law that permits the District Police Commander to order the closure of any illegal gaming, lottery, or gambling place. The access providers complied with the orders and the Israel Internet Association petitioned the Administrative Affairs Court against the District Commander, contesting the closure, in the interests of Israeli web-users and the general public. The Internet access providers did not petition against the closure of …
The Collision Of Law And Science: American Court Responses To Developments In Forensic Science,
2013
Birmingham City University, Centre for American Legal Studies
The Collision Of Law And Science: American Court Responses To Developments In Forensic Science, Sarah Lucy Cooper
Pace Law Review
This paper considers how American courts have responded to developments in forensic science by focusing on four popular forensic science disciplines: (1) fingerprint identification (friction ridge analysis); (2) firearms identification (tool-mark analysis); (3) bite mark identification (forensic odontology); and (4) arson investigation (fire science). Part I briefly explores the relationship between law and science. Part II charts the development of the legal frameworks that govern the admissibility of expert evidence in America. Part III discusses the identification methods employed by these four disciplines and provides examples of erroneous identifications. Part IV comments on the NAS Report findings that relate to …
Law Day Fifth District Court Of Appeal Oral Arguments At Florida A&M University College Of Law, 2013,
2013
Florida A&M University College of Law
Law Day Fifth District Court Of Appeal Oral Arguments At Florida A&M University College Of Law, 2013, Honorable C. Alan Lawson, Presiding Judge, Honorable Bruce W. Jacobus, Honorable Wendy W. Berger
Law Day Presentations
As part of Law Day activities, the Florida Fifth District Court of Appeal is holding a session in the FAMU College of Law Ceremonial Moot Courtroom. A three judge panel is hearing oral arguments from attorneys representing their clients in cases involving extortion and jury instructions, as well as issues regarding the interpretation of statute of limitations. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.
The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova,
2013
Touro Law Center
The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova, Tara Laterza
Touro Law Review
No abstract provided.
A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden,
2013
Touro Law Center
A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden, Jan Lucas
Touro Law Review
No abstract provided.
What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe,
2013
Touro Law Center
What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani
Touro Law Review
No abstract provided.
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith,
2013
Touro Law Center
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Touro Law Review
No abstract provided.
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall,
2013
Touro Law Center
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince
Touro Law Review
No abstract provided.
Someone Call 911, Crawford Is Dying - People V. Duhs,
2013
Touro Law Center
Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler
Touro Law Review
No abstract provided.
Competent Translation Of Hearsay,
2013
University of Tennessee
Competent Translation Of Hearsay, Christina Magrans
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
A Rejoinder To Professor Schauer's Commentary,
2013
University of Washington School of Law
A Rejoinder To Professor Schauer's Commentary, Yale Kamisar
Washington Law Review
It is quite a treat to have Professor Frederick Schauer comment on my Miranda article. Professor Schauer is a renowned authority on freedom of speech and the author of many thoughtful, probing articles in other areas as well, especially jurisprudence. I am pleased that in large measure, Schauer, too, laments the erosion of Miranda in the last four-and- a-half decades and that he, too, was unhappy with the pre-Miranda due process/“totality of circumstances”/“voluntariness” test. I also like what Schauer had to say about “prophylactic rules,” a term that has sometimes been used to disparage the Miranda rules. As Schauer …
Toward A Right To Litigate Ineffective
Assistance Of Counsel,
2013
Washington and Lee University School of Law
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Washington and Lee Law Review
No abstract provided.
Why Gideon Failed: Politics And
Feedback Loops In The Reform Of
Criminal Justice,
2013
Washington and Lee University School of Law
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Washington and Lee Law Review
No abstract provided.
Heeding Gideon’S Call In The Twenty-First
Century: Holistic Defense And The
New Public Defense Paradigm,
2013
Washington and Lee University School of Law
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Washington and Lee Law Review
No abstract provided.
The Problem With Misdemeanor
Representation,
2013
Washington and Lee University School of Law
The Problem With Misdemeanor Representation, Erica Hashimoto
Washington and Lee Law Review
No abstract provided.
Gideon Skepticism,
2013
Washington and Lee University School of Law
Gideon Skepticism, Alexandra Natapoff
Washington and Lee Law Review
The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …
Crashing The Misdemeanor System,
2013
Washington and Lee University School of Law
Crashing The Misdemeanor System, Jenny Roberts
Washington and Lee Law Review
No abstract provided.
