Showing papers in "Fordham Urban Law Journal in 2000"

Street Stops and Broken Windows: Terry , Race and Disorder in New York City

Abstract: This article explores patterns of police ”stop and frisk” activity across New York City neighborhoods. While “Broken Windows” theory may account for higher stop and frisk activity for “quality of life” crimes, the authors suggest neighborhood characteristics like racial composition, poverty levels, and extent of social disorganization are strong predictors of raceand crime-specific stops. The authors consider whether street-stops in various neighborhoods comply with the Terry standard of reasonable suspicion as insight into the social and strategic meaning of policing. Their empirical evidence suggests policing focuses on policing poor people in poor places. Their strategy departs from ”Broken Windows” theory by concentrating on people and not disorder. They suggest racially disparate police targeting raises concern about legitimacy of law, weakens citizen cooperation with police, and undermines the social goals of policing.

The New Policing

Abstract: This article explores new forms of policing in New York, Chicago, and Boston. These cities developed new policing strategies that each involves a different combination of problem solving and new forms of “community policing”. The article explores whether these developments resulted in crime reduction and changes in belief in the efficacy of policing. The article concludes by considering the costs of the resulting increased security reduction in democratic control of policing and increased risk to civil liberties.

A Dialogue Concerning Heresies

Abstract: A modernization of St. Thomas More’s famous 1529 “Dialogue Concerning Heresies.” A fictional ”Judge More” defends the legal profession against the zeal of legal ethicists.

Apology and Organizations: Exploring an Example from Medical Practice

Abstract: This article focuses on injuries committed by members of organizations, such as corporations, and examines distinct issues raised by apology in the organizational setting, in particular: the process of learning to prevent future errors, the divergent interests stemming from principal-agent tensions in employment, risk preferences and sources of insurance, the non-pecuniary benefits to corporate morale, productivity and reputation, the standing and scope of apologies, and the articulation of policies toward injuries to others. APOLOGY AND ORGANIZATIONS: EXPLORING AN EXAMPLE FROM MEDICAL PRACTICE

Is There a Place for Forgiveness in the Justice System

Abstract: This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.

When Victims Seek Closure: Forgiveness, Vengeance and the Role of Government

Abstract: This article discusses the role of victims and their families in the sentencing of criminal defendants, including the emotional and ethical components of victims’ desires to achieve justice and closure.

From free trade to prohibition: a critical history of the modern asian opium trade

Abstract: The article begins by exploring America’s current war on drugs and how it represents a misuse of its power and misperception of the global narcotics trade. It continues and puts forth that Asia’s opium production may soon increase to levels that will defeat the war on drugs now being waged by the United State and United Nations and goes into the the extent of Opium production in Asia. It then looks at a history of Opium trade, including the era which began prohibition and then the cold war, which began the expansion of the Asian opium trade. The article then discusses bilateral suppression. In 1972, President Nixon began the war on drugs, which actually stimulated the global market. Opium trade and production increased through the 1980’s and 1990’s. The article concludes by stating that production of drugs responds in unforeseen ways to reform, and before starting such reform, anti-narcotics agencies need to consider the full range of outcomes.

Forgiveness and Justice

Abstract: A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.

Of Pardons, Politics and Collar Buttons: Reflections on the President's Duty to be Merciful

Abstract: A discussion of the President’s ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.

Institutionalizing Innovation: The New York Drug Court Story

Abstract: The article begins by discussing the problems that drug use is causing in the American Criminal Justice System. The article then discusses the use of “drug courts,” which have proven effective in reducing drug use and recidivism. It then looks at the potential benefit of drug courts to the criminal justice system and states some of the questions pertaining to drug courts, such as limits and the requirement of specialized judges. The article concludes by looking at what critics have said about the use of drug courts, and by stating that the drug court idea is worth trying. INSTITUTIONALIZING INNOVATION: THE NEW YORK DRUG COURT STORY John Feinblatt, Greg Berman, and Aubrey Fox*

Forgiveness, Reconciliation and Responding to Evil: A Philosophical Overview

Abstract: This essay, a transcript of a keynote address given in February 2000 at the Fordham Law School Symposium on Forgiveness and the Law, seeks to define forgiveness (in part by distinguishing it from excuse, justification, mercy, and reconciliation), to argue that hasty forgiveness may undermine legitimate self respect and respect for the moral order, and then to argue that under many circumstances forgiveness is the preferred moral option for dealing with wrongdoers--particularly if those wrongdoers are repentant. It is argued, however, that repentance should not always be demanded as a condition for forgiveness. The essay closes with a discussion of the relationships between forgiveness and Christianity.

Thinking About Drug Law Reform: Some Political Dynamics of Medicalization

Abstract: The article begins by stating that many people believe that medicalization offers the most reasonable approach to drug policy because it offers a dignified approach to treatment of addicts. However, it risks being a form of repression itself because it may define abstinence as the only acceptable treatment outcome. The article then explores the position of the medical profession in drug policy. It then looks at the negative political and social aspects and consequences of an abstinence-directed medicalization policy. The article concludes by stating that if abstinence is always the treatment goal then medicalization will be even less voluntary and more coercive which will prove ineffective for most people, and will give the criminal justice system control over drug users. And states that the medical profession holds responsibility for not informing the public about the effects of drug use, and for keeping in place a system of drug prohibition which has proved harmful to the public and especially minorities, and should be required to explain that drug prohibition lacks scientific foundation and that legal regulation would better serve the public

Forgiveness in Psychology and Law: The Meeting of Moral Development and Restorative Justice

Abstract: This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.

Forgiveness and Public Trust

Abstract: A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.

Lawyering for Social Change

Abstract: This Note explores the significance, legitimacy and methodology of lawyering for social change. It begins by examining lawyers’ motives for entering into such work and the theoretical approaches toward political lawyering and the methodologies employed to effect change. It raises the question of whether it is justifiable for a lawyer to drive social change specifically considering his unique access to the legal system. The Note concludes that it is entirely legitimate for a lawyer to engage in work for social change in order to ensure that the rights of all people are protected whether through litigation, public education seminars, rallies, lobbying or writing for scholarly journals. LAWYERING FOR SOCIAL CHANGE

Merciful Damages: Some Remarks on Forgiveness, Mercy and Tort Law

Abstract: This article explores the place of forgiveness and mercy in tort law, describing frequent misgivings about encouraging forgiveness or mercy as part of the substantive or procedural law of torts. Finally, the article suggests a new concept, “merciful damages” which might allow some of the benefits of forgiveness while avoiding or mitigating some common concerns.

Forgiveness in the Criminal Justice System: If it Belongs, then Why is it so Hard to Find?

Abstract: This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor’s perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.

Forgiveness as a Problem-Solving Tool in the Courts: A Brief Response to the Panel on Forgiveness in Criminal Law

Abstract: This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by “problem-solving” courts.

Why Civil Rights Lawsuits Do NOt Deter Police Misconduct: The Conundrum of Indemnification And a Proposed Solution

Abstract: This essay argues that indemnification of police officers found liable in civil suits works against deterring officers from future misconduct. The essay explains how the existing indemnification scheme results in tax payers funding these judgments and settlements and explains the mechanisms surrounding representation of a defendant officer and the city’s indemnification of a decision. The author suggests a solution that allows for compensation of plaintiffs and deterrence of officers. Under the proposed solution, judges should always allow compensation for plaintiffs but should consider the officer’s prior history of misconduct, the disciplinary measures taken against such misconduct, and the defendant’s ability to pay in determining the portion the city should indemnify. The author also proposes that the indemnification scheme should apply regardless of whether the officer acted within his scope of employment.

Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence

Abstract: As one of the most prevalent crimes in the country, domestic violence is one of the most frequently handled cases for prosecutors across the nation. Despite their commonality, however, domestic violence cases can raise the anxiety level of even the most experience prosecutors. There are several causes of such anxiety. First, domestic violence cases are often plagued by evidentiary problems that occur when a victim does not desire prosecution. Second, even in states where mandatory prosecution laws have been enacted, it can still be difficult to successfully prosecute a case when a victim is hostile, uncooperative and acting in direct opposition to attempts made by the prosecutor to help the victim. Third, most prosecutors receive a basic education on domestic violence and are only familiar with what have not become colloquial terms, such as “battered women’s syndrome” and the ”cycle of violence.” Unfortunately, they are often not aware of how to utilize their knowledge to work effectively with the victim. This essay attempts to provide prosecutors with a better understanding of domestic violence victims from a psychological perspective, in a way that wil aid in the comprehension of the underlying dynamics of these difficult cases.

Stopping New Yorkers' Stalkers: An Anti-Stalking Law For the Millennium

Abstract: This essay concerns itself with some of the legislative responses to stalking in New York and examines some of the specific anti-stalking provisions of the Clinic Access and Anti-Stalking Act of 1999, recently signed by New York Governor George Pataki. The author interviews Senator Michael A.L. Balboni, Assemblyman Scott Stringer, and the Assemblyman’s former Legislative ∗J.D. Fordham University School of Law, 1985; M.Sc. (Criminal Justice Policy), London School of Economics and Political Science (LSE), 1993. The author is currently the director of Special Projects at the New York law firm of Anderson Kill & Olick, P.C., and a doctoral candidate in the Law and Sociology Departements of the LSE, where she is submitting a thesis entitled, The Politics of Euthanasia and Assisted Suicide: A Comparative Case Study of Emerging Criminal Justice Policy in the United States and the United Kingdom. This essay is a result of the author’s involvement with the (New York) Lawyer’s Committee Against Domestic Violence, and is abstracted from a larger work in progress, The Stalked: Social and Legal Consequences Relating to Victims of Stalking Behavior, which along with the author’s doctoral thesis, will constitue The Enablement Doublet: Dying and Surviving. While the author is solely responsible for the contents of this essay, a number of people enabled her to conduct the research and writing of the project, in record time. Anderson Kill and Olick, PC”s founding partner, Gene Anderson and Maxa Luppi, Director of Insurance Litigation Support Services, provided a supportive environment as did Ronnie (”Miss Ron”) O’Farrell. Professor Paul E. Rock (Sociology) and Professor Rober Reiner (Law) of the LSE have consistently offered academic support, including successfully nominating a related writing by the author for the 1997 William Robson Memorial Writing Prize. Bob Schumacher, Editor-in-Chief of the Fordham Urban Law Journal, engaged in an enormous gesture of trust when he allowed the author to change the topic of an invited piece and provided the time and technical support to make it all happen. Senator Michael A.L. Balboni generously interviewed with the author on the heels of the legislation while his staff answered questions, faxed documents and gave freely of their time and materials. Assemblyman Scott Stringer and Rob Hack, the former Legislative Director to Assemblyman Stringer, also graciously interviewed and provided information on short notice. The Hon. Margaret Marrinan, Judge of the District Court, Second District, of the State of Minnesota, and the soon-to-be Hon. Faith O’Neal of New York acted as sounding boards and provided background information. Elsa and Mac let the author committee her idea at all house of the day and night, the former from halfway around the world, the latter from halfway cross a borough. Last, but not least, Peter Andrews and Jon Springer have, on a number of occasions too numerous to count, brought analytical insight to the author’s work, and fun to the author’s life. Director Rob Hack, who were all heavily involved in getting the legislation passed, offering a unique perspective.

The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?

Abstract: The trend in child welfare has been to err on the side of protection, often considered erring on the side of the child. While this approach may have been appropriate to overcome a long history of State abstinence from involvement in the family domain, it has been under-inclusive in protecting the child’s fundamental right to a parent-child relationship. A delicate balance must be struck between family autonomy and State intervention. This balance is best achieved in the family court when the child’s best interest is represented and the family is addressed as a whole. Under traditional criminal procedure, which focuses on the parent-defendant versus the State, one of these two parties is presumed to represent the child’s best interest. This presumption effectively precludes the notion that the child may have an interest that is independent of either the parent or the State. The result has left the child voiceless, dependent on the judgment of the parent, the State or a court. This judgment will always by under-informed without input from the child. The criminal justice system, by focusing on the parent’s claims against the State and the State’s interest in child protection, is inadequate in accommodating the constitutional rights of the child to self-determination. Neglect is more appropriately adjudicated under the FCA, which considers the best interests of the child first and foremost, and which strives for family preservation.

Sheff v. O'Neill: The Consequences of Educational Table-Scraps for Poor Urban Minority Schools

Abstract: This Note explores the debate between colorblindness and race consciousness while arguing that the multidistrict integration remedy called for by Sheff v. O’Neill does not directly address the true injury faced by minority students: inferior education. It examines the facts and background on the Sheff decision as well as other Connecticut cases involving school funding. Colorblind and race conscious theory is outlined as well as how each theory interacts with education. The Note concludes by explaining how integrationalists are missing the solution to the educational problems faced by minority students and how the true solution to them are not backward-looking, but rather to simply improve the inferior schools through the infusion of resources. SHEFF v. O'NEILL: THE CONSEQUENCE OF EDUCATIONAL TABLE-SCRAPS FOR POOR URBAN MINORITY SCHOOLS

Forgiveness and the Law - A Redemptive Opportunity

Abstract: A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.

Child Access Prevention Laws: Keeping Guns Out of Our Children's Hands

Abstract: This Note explores the Child Access Prevention (”CAP”) law and laws which are generally intended to limit children’s access to guns at home. The author proposes a model CAP law that should be enacted in the United States. This Note discusses the evolution of CAP laws and presents for arguments for and against such laws. It delves into the National Rifle Association’s (”NRA”) powerful influence that improperly prevents CAP laws from being enacted by the federal government. Additionally, it is argued that unless the federal government enacts a CAP law, innocent children will continue to be injure and lose their lives as a result of unintentional shootings in their own homes. CHILD ACCESS PREVENTION LAWS: KEEPING GUNS OUT OF OUR CHILDREN'S HANDS

Domestic Violence As A Factor In Custody Determinations In New York State

Abstract: In 1996, the New York State Legislature mandated that rial courts consider the effect of domestic violence in child custody and visitation disputes In 1998, the legislature amended the law to provide that, under most circumstances, a person convicted of murdering a child’s parent shall be denied custody and visitation The amendment was in response to a growing national trend to give greater attention to the serious effect domestic violence has on children While the law now conveys the seriousness with which the legislature view domestic violence, many problems inherent in resolving custody and visitation disputes involving domestic violence still remain This essay examines the legislation and case law arising out of this issue, identifying remaining problems and judicial responses Additional interventions are suggested to assist in the appropriate resolution of these cases

The UCCJEA: What Is It And How Does It Affect Battered Women In Child-Custody Disputes

Abstract: The Uniform Child-Custody Jurisdiction and Enforcement Act (”UCCJEA”) is the revised version The Uniform Child Custody Jurisdiction Act (”UCCJA”), which states are now being asked to adopt immediately in its stead. The UCCJA was the original model act for states to determine when they have jurisdiction to decide a custody case and when they must give full faith and credit to the custody decrees of other states. When the National Conference of Commission on Uniform State Laws (”NCCUSL”) wrote the UCCJA in 1968, it sought to correct two major problems of its day: child abductions by family members and jurisdiction disputes arising in interstate custody or visitation matters. While these issues can arise independently, the NCCUSL correctly saw the two problems as often interrelated. Indeed, more than half of the nations’s 350,000 annual child abductions occur in the context of domestic violence, most of them perpetrated by abusive fathers. These abductions have been found to be as traumatic to children as when they are abducted by strangers, with many developing post-traumatic stress disorder. This article explains exactly what the new UCCJEA does, focusing on its benefits and some problem areas for battered women. It discusses the history of the Act, including the difficulties with, and the inconsistencies between, the Act’s predecessors, the UCCJA and the Parental Kidnapping Prevention Act. It examines the UCCJEA, detailing the expanded options available to battered women for temporary emergency jurisdiction, denial of jurisdiction by courts that ordinarily hold such jurisdiction and protections for victims and their children. It explains some of the enforcement provisions of the UCCJEA. The article suggests some changes to improve the UCCJEA. but concludes that despite some of the problems with the UCCJEA, even as currently written, it is a step in improving child custody jurisdiction and will better protect battered women and their children.

Religious Dimensions of Mediation

Abstract: This article takes an in-depth look at the religious roots of mediation, particularly emphasizing the influence of the Franciscan movement. It also discusses the religious roots of mediation in the United States, various strategies and styles of mediation, the religious motivation for settlement agreements, and multi-cultured mediation.

Teshuva: A Look at Repentance, Forgiveness and Atonement in Jewish Law and Philosophy and American Legal Thought

Abstract: A discussion of the Jewish concept of “Teshuva,” which provides the possibility of atonement for wrongdoings. The article explores the process of ”Teshuva” in depth and describes its relationship and significance to modern criminal law.

Why Did People Stop Committing Crimes? An Essay About Criminology And Ideology

Abstract: This essay considers the sharp decline in crime that was observed in 1994 in New York City and across the nation. The author suggests that crime reduction in various areas must be understood in a local context. This article discusses the steps New York City took prior to the observed crime reduction. The essay then discusses how urban renewal projects, weakening institutional control of youth behavior, and highly centralized facilities and strategies of law enforcement may have contributed to the violence of the 1980’s. The author concludes that bad social policies contributed to elevated the crime rate and improvement of those policies helped reduce the crime