All Articles tagged Defendant

• General
  November 02, 2022 EDT
  LEGAL FICTION: READING LOLITA AS A SENTENCING MEMORANDUM
  Christina M. Frohock

  Using the example of Lolita, the Article explains how we can read Nabokov’s novel as a prolonged sentencing memorandum.

• General
  July 22, 2020 EDT
  BIAS AND GUILT BEFORE INNOCENCE: HOW THE AMERICAN CIVIL LIBERTIES UNION SEEKS TO REFORM A SYSTEM THAT PENALIZES INDIGENT DEFENDANTS
  Candace White

  To implement meaningful reform, states must work alongside groups such as the ACLU to either structure reform efforts to the individual needs of communities or eliminate bail systems.

• New York Appeals
  October 12, 2018 EDT
  JUDGE FAHEY: A JUDGE’S JUDGE USING HIS POSITION TO PROTECT THE VULNERABLE
  Daniel Siegel

  This article analyzes Judge Fahey's dissenting opinions during his time on the New York Court of Appeals.

• Justice Commentaries
  July 17, 2018 EDT
  SHAKEN BABY SYNDROME: AS A CONTROVERSY IN WRONGFUL CONVICTION CASES
  Eza Bella Zakirova

  This article discusses Shaken Baby Syndrome (SBS) as a controversial medical diagnosis and examines how misdiagnosis of SBS has led to wrongful convictions.

• General
  January 01, 2018 EDT
  SILENCE AND REMORSELESSNESS
  Caleb J. Fountain

  This article takes the position that the self-incrimination clause of the Fifth Amendment prohibits an inference that defendant’s silence at sentencing is evidence of the defendant’s remorselessness.

• Justice Commentaries
  November 08, 2017 EDT
  ENDING DISPARITIES AND ACHIEVING JUSTICE FOR INDIVIDUALS WITH MENTAL DISABILITIES
  Sheila E. SheaRobert Goldman

  Miscarriages of justice for those with mental disabilities can be avoided by reforming statutory schemes and embracing concepts of therapeutic justice not yet integrated into New York's criminal justice system.

• Justice Commentaries
  November 08, 2017 EDT
  ELIGIBILITY FOR COURT-APPOINTED COUNSEL IN FEDERAL CASES: A REVIEW OF LEGISLATION AND CASE LAW
  Susan L. WynneMichael S. Vaughn

  This article examines statutory and case law to determine how eligibility decisions are made for criminal defendants in federal cases regarding their Sixth Amendment rights.

• Justice Commentaries
  November 08, 2017 EDT
  THE MYTH OF LIBERTY AND JUSTICE FOR ALL: GUARDIANSHIP IN NEW YORK STATE
  Jennifer J. Monthie

  This article examines the claims asserted in Disability Rights New York v. New York, comparing the substantive and procedural aspects of New York’s systems for appointing guardians.

• General
  March 16, 2017 EDT
  WHY DAIMLER ACCOMMODATES PERSONAL JURISDICTION IN MASS TORT LITIGATIONS
  Alani Golanski

  When she authored the majority opinion in Daimler AG v. Bauman, did Justice Ruth Bader Ginsburg intend to fracture mass tort litigations that involve numerous out-of-state defendants and plaintiffs?

• Justice Commentaries
  August 03, 2015 EDT
  THE TRIALS OF INDIGENT DEFENSE: TYPE OF COUNSEL AND CASE OUTCOMES IN FELONY JURY TRIALS
  Erin York Cornwell

  This article outlines how disparities in resources and differences in courtroom roles may put public defenders at a distinct disadvantage in cases adjudicated through trial.

• Justice Commentaries
  August 03, 2015 EDT
  WHAT IS THE STATE OF EMPIRICAL RESEARCH ON INDIGENT DEFENSE NATIONWIDE? A BRIEF OVERVIEW AND SUGGESTIONS FOR FUTURE RESEARCH
  Nadine FrederiquePatricia JosephR. Christopher C. Hild

  This paper examines the empirical research on the types of indigent defense representation, juvenile indigent defense, and the emerging research on holistic defense.

• Justice Commentaries
  August 03, 2015 EDT
  THE TRIALS OF INDIGENT DEFENSE: TYPE OF COUNSEL AND CASE OUTCOMES IN FELONY JURY TRIALS
  Erin York Cornwell

  This article outlines how disparities in resources and differences in courtroom roles may put public defenders at a distinct disadvantage in cases adjudicated through trial.

• Justice Commentaries
  August 03, 2015 EDT
  WHAT IS THE STATE OF EMPIRICAL RESEARCH ON INDIGENT DEFENSE NATIONWIDE? A BRIEF OVERVIEW AND SUGGESTIONS FOR FUTURE RESEARCH
  Nadine FrederiquePatricia JosephR. Christopher C. Hild

  This paper examines the empirical research on the types of indigent defense representation, juvenile indigent defense, and the emerging research on holistic defense.

• New York Appeals
  February 13, 2015 EDT
  THAT’S (NOT) WHAT SHE SAID: THE CASE FOR EXPANDING ADMISSION OF PRIOR INCONSISTENT STATEMENTS IN NEW YORK CRIMINAL TRIALS
  Steven V. DeBraccio

  The critical question in this article is the comparison of the New York and federal approaches to admitting prior inconsistent statements in criminal cases and ultimately, which is the approach...

• New York Appeals
  March 03, 2012 EDT
  DECISION-MAKING AT THE SECOND CIRCUIT: JUDGES BARRINGTON D. PARKER, JR. AND ROBERT D. SACK
  Christina L. Shifton

  Empirical examination of the voting patterns of two judges, Judge Barrington D. Parker, Jr. and Judge Robert D. Sack of the United States Court of Appeals for the Second Circuit.

• State Constitutional Commentary
  August 08, 2010 EDT
  FALSE CONFESSIONS
  Saul M. Kassin

  Professor Kassin's symposium remarks.

• New York Appeals
  May 05, 2010 EDT
  THEODORE T. JONES, THE DEFENDANT’S CHAMPION: REVIEWING A SAMPLE OF JUDGE JONES’S CRIMINAL JURISPRUDENCE
  Erika L. Winkler

  This article analyzes some of the majority and dissenting opinions penned by Jones in criminal and civil cases that have been opposed by another member of the Court.

• State Constitutional Commentary
  May 05, 2007 EDT
  THE INDIANA SUPREME COURT’S VOTING PATTERNS IN CRIMINAL DECISIONS
  Jason A. Cherna

  This high court study focuses on the Indiana Supreme Court’s divided criminal decisions, specifically those non-unanimous criminal decisions rendered between September 1, 2001 and August 31, 2006.