Vol. 76, Issue 3, 2013

Justice Commentaries

Table of Contents

Albany Law Review

Table of contents.

Justice Commentaries

FOREWORD

Vincent Martin Bonventre

Foreword.

Justice Commentaries
ENSURING VICTIM SAFETY AND ABUSER ACCOUNTABILITY: REFORMS AND REVISIONS IN NEW YORK COURTS RESPONSE TO DOMESTIC VIOLENCE
Jonathan Lippman
State government, non-profit groups, bar associations, and the legal community must work together for the provision of civil legal services in New York for domestic violence victims.
Justice Commentaries
HOW THE PROMPT OUTCRY RULE PROTECTS THE GUILTY
Robert S. Smith
This article argues that the rule excluding prior consistent statements, and particularly the narrowness of the prompt outcry exception protects the guilty more than the innocent.
Justice Commentaries
A SURVEY OF FEDERAL AND STATE COURTS‘ APPROACHES TO A CONSTITUTIONAL RIGHT OF ACTUAL INNOCENCE: IS THERE A NEED FOR A STATE CONSTITUTIONAL RIGHT IN NEW YORK IN THE AFTERMATH OF CPL § 440.10(G-1)?
John M. Leventhal
This article considers whether there is still a need for a freestanding state constitutional claim of actual innocence in light of a recent amendment to the New York State Criminal...
Justice Commentaries
DOUBLE JEOPARDY
Salvatore R. MartocheDonald S. Stefanski
This article addresses the question of what happens in New York when two counts are charged in the alternative and the jury convicts on one of the counts.

Justice Commentaries

THE RISE AND FALL OF NEW YORK‘S ROGERS-BARTOLOMEO RULE

Mark C. DillonLewis J. Lubell

This article chronicles the history of efforts to assure the greatest degree of constitutional protections for persons confronted by the law enforcement arm.

Justice Commentaries

LENIENCY AS A MISCARRIAGE OF RACE AND GENDER JUSTICE

Aya Gruber

This article argues that liberals‘ focus on leniency in cases of extraordinary violence against minorities and proposals for greater prosecution might not, in the end, further the anti-subordination agenda.

Justice Commentaries

THE FLIPSIDE INJUSTICE OF WRONGFUL CONVICTIONS: WHEN THE GUILTY GO FREE

James R. Acker

The thesis of this article is that indulging an inflexible mindset of "us-against-them" in the context of miscarriages of justice is not only misguided but also counterproductive.

Justice Commentaries
SIDESTEPPING JUSTICE? ADJOURNMENTS IN CONTEMPLATION OF DISMISSAL IN MISDEMEANOR COURT
Alissa Pollitz WordenSarah J. McLeanMegan Kennedy
This article explores dispositions of partner violence cases in three city courts in upstate New York, focusing on adjournment in contemplation of dismissal.
Justice Commentaries
THE DIALECTICS OF RACIAL GENETICS
Christian B. Sundquist
This article calls upon the instruments of dialectic and narrative to analyze an extremely troubling scientific and judicial phenomenon: the re-emergence of biological theories of race in the twenty-first century.
Justice Commentaries
DE-NATURALIZING CRIMINAL LAW: OF PUBLIC PERCEPTIONS AND PROCEDURAL PROTECTIONS
Benjamin Levin
This essay challenges the rhetorical trope of the guilty going free by emphasizing the institutional and political intricacies that comprise the criminal justice system and undergird a determination of "guilt."
Justice Commentaries
TAKING CONFRONTATION SERIOUSLY: DOES CRAWFORD MEAN THAT CONFESSIONS MUST BE CROSS-EXAMINED?
Mark A. Summers
This article focuses on the applicability of the Supreme Court‘s decision in Crawford v. Washington to one subcategory of party admissions--defendants‘ confessions--taken by police officers in the course of interrogations.
Justice Commentaries
THE DOUBLE JEOPARDY CLAUSE, NEWLY DISCOVERED EVIDENCE, AND AN “UNOFFICIAL” EXCEPTION TO DOUBLE JEOPARDY: A COMPARATIVE INTERNATIONAL PERSPECTIVE
Steven V. DeBraccio
In the absence of an express statute or constitutional provision permitting re-trials for acquitted defendants, could prosecutors use perjury prosecutions and subsequent civil and forfeiture proceedings used against defendants?
Justice Commentaries
CRYING OUT FOR CHANGE: A CALL FOR A NEW CHILD ABUSE HEARSAY EXCEPTION IN NEW YORK STATE
Christopher T. Fell
This article proposes a change to the New York State law concerning outcries of abused children.

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