Pace law review最新文献_第8页

The Unconstitutionality of Consolidated Planning Boards: Interlocal Planning Under New York Law 综合规划委员会的违宪性:纽约法律下的地方间规划

Pace law review Pub Date : 2018-08-31 DOI: 10.58948/2331-3528.1976

Pirro, J. Albert

引用次数: 0

The U.S Constitution: The Original American Dream 美国宪法:最初的美国梦

Pace law review Pub Date : 2018-08-31 DOI: 10.58948/2331-3528.1975

J. Kaye

引用次数: 1

George Washington’s Attorneys: The Political Selection of United States Attorneys at the Founding 乔治·华盛顿的律师:建国时美国律师的政治选择

Pace law review Pub Date : 2018-08-15 DOI: 10.58948/2331-3528.1988

Scott E Ingram

{"title":"George Washington’s Attorneys: The Political Selection of United States Attorneys at the Founding","authors":"Scott E Ingram","doi":"10.58948/2331-3528.1988","DOIUrl":"https://doi.org/10.58948/2331-3528.1988","url":null,"abstract":"Current political and prosecutorial norms reflect the belief that the administration of justice must be insulated from partisan politics. Each day, federal prosecutors make decisions regarding people’s lives and liberty. The federal prosecutors decide whom to charge, for what and when. They can charge anyone so long as they have probable cause to believe the person committed a federal crime. Probable cause is not a high standard. Consequently, a federal prosecutor with political ambitions is able use prosecutorial power to advance partisan political purposes. Similarly, ambitious Justice Department lawyers can use their policy-making authority to target political opponents or politically-unpopular organizations. To make this less likely, norms developed to insulate federal prosecutors from political forces. The norms have insulate specific cases and some believe they should also include policy decisions. \u0000 \u0000This Article examines the relationship between the Nation’s first President and the selection of United States Attorneys. It argues that politics played an important, if not primary, role in the President’s selections. George Washington sought those who would represent the government’s interests, adhere to the government’s policies, and advance Washington’s political goals. His selections also demonstrated Washington’s requirement of loyalty to America. In this respect, the politicization of United States Attorneys occurred at the outset. Part I of this Article defines politicization and identifies its four aspects. Part II describes the United States Attorney position as understood through the 1789 Judiciary Act and state experience. Part III examines how Washington’s selections and selection process included three of the four politicization categories. The concluding Section briefly explores the ramifications of politicization and its potential benefits in today’s prosecutorial environment.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43670504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

New York Breaks Gideon’s Promise 纽约打破了吉迪恩的承诺

Pace law review Pub Date : 2018-05-14 DOI: 10.58948/2331-3528.1973

Rebecca King

引用次数: 0

Safety from Plea-Bargains’ Hazards Plea Bargains的安全隐患

Pace law review Pub Date : 2018-05-14 DOI: 10.2139/SSRN.3192650

Boaz Sangero

{"title":"Safety from Plea-Bargains’ Hazards","authors":"Boaz Sangero","doi":"10.2139/SSRN.3192650","DOIUrl":"https://doi.org/10.2139/SSRN.3192650","url":null,"abstract":"There is a significant risk—in safety terms, a hazard—that the wide gap between the defendant’s anticipated punishment if convicted at trial and the relatively lighter punishment if he confesses in a plea-bargain will lead not only the guilty but also the innocent to confessing. In practice, only 3% of all federal cases go to trial, and only 6% of state cases. In the remainder, conviction is obtained through plea-bargaining. Indeed, plea-bargains are one of the central mechanisms facilitating false convictions. In other fields, the meaning of a “safety-critical system” is well understood, and resources are, therefore, invested in modern safety methods, which reduce significantly the rate of accidents. This is the case, for example, in the aviation field, which abandoned the “Fly-Fix-Fly” approach and developed more advanced safety methods that generally follow an “Identify-Analyze-Control” model and are aimed at “First-Time-Safe.” Under this approach, there is systematic identification of future hazards, analysis of the probability of their occurrence, and a complete neutralization of the risk, or at least its reduction to an acceptable level. A false conviction is a system error and accident just like a plane crash. But in criminal law, a Hidden Accidents Principle governs and almost all the false convictions are never detected. Therefore, not enough thought has been given to the system’s safety. Empiric studies based on the Innocence Project’s findings point to a very high false-conviction rate: at least 5% for the most serious crimes. Regarding convictions based on plea-bargains, the rate is probably significantly higher since the commission of the offense and the guilt of the accused are not proved by significant evidence. This article proposes a theory and some initial tools for incorporating modern safety into the criminal justice system. Specifically, I demonstrate how the innovative “System-Theoretic Accident Model and Processes” (STAMP) safety model can be applied in the criminal justice system, by developing constraints, controls, and barriers against the existing hazards in the context of convictions based on plea-bargains. Additionally, the article suggests an innovative idea, of recognizing defendants’ right to a fair plea-bargain offer. Plea-bargains need not be dependent on the goodwill of a particular prosecutor toward a particular defendant or her defense counsel.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.3192650","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49479121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Devil You Don’t Know: Implicit Bias Keeps Women in Their Place 你不知道的恶魔:隐性偏见让女性安分守己

Pace law review Pub Date : 2018-05-14 DOI: 10.58948/2331-3528.1964

Michele N. Struffolino

引用次数: 0

Paying for What You Get—Restitution Recovery for Breach of Contract 赔偿你得到的赔偿，赔偿违约损失

Pace law review Pub Date : 2018-05-14 DOI: 10.58948/2331-3528.1969

J. F. Powers

引用次数: 0

Review of Privileged Documents in Trial and Deposition Preparation of Witnesses in New York: When, if Ever, Will the Privilege be Lost? 审查纽约证人审判和证词准备中的特权文件：特权何时会丧失？

Pace law review Pub Date : 2018-05-14 DOI: 10.58948/2331-3528.1968

M. Hutter