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The Legal Profession's Failure to Discipline
THE LEGAL PROFESSION’S FAILURE TO DISCIPLINE UNETHICAL PROSECUTORS Angela J. Davis* I. INTRODUCTION White students at Jena High School in Jena, Louisiana, hung nooses from a tree at the high school, provoking a series of fights between groups of black and white students. Punches were thrown on both sides, and both black and white students were injured. However, the prosecutor, Reed Walters, charged one white student with a misdemeanor while charging six black students with serious felonies in adult court. In Douglasville, Georgia, a seventeen-year-old boy named Genarlow Wilson had consensual oral sex with a fifteen-year-old girl. The prosecutor charged him with aggravated child molestation and other sex offenses. Oral sex with a person under fifteen years old is aggravated child molestation in the state of Georgia, and consent is no defense. Wilson was acquitted of all charges except the child molestation offense, which at the time carried a mandatory sentence of ten years in prison. A judge later found that Wilson’s sentence constituted cruel and unusual punishment and ordered him released. But the prosecutor appealed the judge’s decision, and Wilson remained in prison for over two years until the Georgia Supreme Court ordered his release on October 26, 2007.1 Delma Banks was charged with capital murder in the state of Texas. The prosecutor in his case withheld exculpatory evidence and repeatedly coached the main witness on what his testimony should be. The prosecutor even threatened to prosecute this witness if he did not conform his testimony to the prosecutor’s version of the case. -
International Society of Barristers Quarterly
International Society of Barristers Volume 52 Number 2 ATTICUS FINCH: THE BIOGRAPHY—HARPER LEE, HER FATHER, AND THE MAKING OF AN AMERICAN ICON Joseph Crespino TAMING THE STORM: THE LIFE AND TIMES OF JUDGE FRANK M. JOHNSON JR. AND THE SOUTH’S FIGHT OVER CIVIL RIGHTS Jack Bass TOMMY MALONE: THE GUIDING HAND SHAPING ONE OF AMERICA’S GREATEST TRIAL LAWYERS Vincent Coppola THE INNOCENCE PROJECT Barry Scheck Quarterly Annual Meetings 2020: March 22–28, The Sanctuary at Kiawah Island, Kiawah Island, South Carolina 2021: April 25–30, The Shelbourne Hotel, Dublin, Ireland International Society of Barristers Quarterly Volume 52 2019 Number 2 CONTENTS Atticus Finch: The Biography—Harper Lee, Her Father, and the Making of an American Icon . 1 Joseph Crespino Taming the Storm: The Life and Times of Judge Frank M. Johnson Jr. and the South’s Fight over Civil Rights. 13 Jack Bass Tommy Malone: The Guiding Hand Shaping One of America’s Greatest Trial Lawyers . 27 Vincent Coppola The Innocence Project . 41 Barry Scheck i International Society of Barristers Quarterly Editor Donald H. Beskind Associate Editor Joan Ames Magat Editorial Advisory Board Daniel J. Kelly J. Kenneth McEwan, ex officio Editorial Office Duke University School of Law Box 90360 Durham, North Carolina 27708-0360 Telephone (919) 613-7085 Fax (919) 613-7231 E-mail: [email protected] Volume 52 Issue Number 2 2019 The INTERNATIONAL SOCIETY OF BARRISTERS QUARTERLY (USPS 0074-970) (ISSN 0020- 8752) is published quarterly by the International Society of Barristers, Duke University School of Law, Box 90360, Durham, NC, 27708-0360. -
Student Impact
SUMMER 2018 NONPROFIT ORGANIZATION US POSTAGE 80 NEW SCOTLAND AVENUE PAID ALBANY, NEW YORK 12208-3494 PERMIT #161 ALBANY, NY 2018 REUNION SEPT. 20-22, 2018 VISIT THE NEW ALUMNI WEBSITE AT: ALUMNI.ALBANYLAW.EDU • VIEW UPCOMING PROGRAMS AND EVENTS • READ ALUMNI NEWS, SPOTLIGHTS, AND CLASS NOTES • SEARCH FOR CLASSMATES AND COLLEAGUES • UPDATE YOUR CONTACT INFORMATION STUDENT IMPACT ALSO SUMMER 2018 A DEGREE FOR ALBANY LAW SCHOOL’S ALEXANDER HAMILTON FIRST 50 YEARS 2017-2018 ALBANY LAW SCHOOL BOARD OF TRUSTEES CHAIR J. Kevin McCarthy, Esq. ’90 Mary Ann Cody, Esq. ’83 James E. Hacker, Esq. ’84 New York, NY Ocean Ridge, FL Albany, N.Y. David E. McCraw, Esq. ’92 Barbara D. Cottrell, Esq. ’84 New York, NY Hudson, NY SAVE THE DATE! VICE CHAIR Daniel P. Nolan, Esq. ’78 Donald D. DeAngelis, Esq. ’60 Debra F. Treyz, Esq. ’77 Albany, NY Delmar, NY Charleston, SC SEPTEMBER 20–22 Timothy D. O’Hara, Esq. ’96 Jonathan P. Harvey, Esq. ’66 SECRETARY Saratoga Springs, NY Albany, NY • Innovative New Reunion Programming Dan S. Grossman, Esq. ’78 Dianne R. Phillips, Esq. ’88 James E. Kelly, Esq. ’83 New York, NY Boston, MA Germantown, NY • Building Upon Established Traditions TREASURER Rory J. Radding, Esq. ’75 Stephen M. Kiernan, Esq. ’62 New York, NY Marco Island, FL Dale M. Thuillez, Esq. ’72 • Celebrating the Classes Ending in 3’s & 8’s Albany, NY Earl T. Redding, Esq. ’03 Hon. Bernard J. Malone, Jr. ’72 Albany, NY Delmar, NY MEMBERS Hon. Christina L. Ryba ’01 Matthew H. Mataraso, Esq. ’58 Jeanine Arden-Ornt, Esq. -
A License to Rape Justice at Will
Absolute Immunity: A License to Rape Justice at Will Prentice L. White* Table of Contents PART I ........................................................................................ 349 Prosecutorial Powers .................................................................... 349 PART II ........................................................................................ 359 Convictions are First and Foremost.............................................. 359 PART III ........................................................................................ 376 Addressing the Misconduct .......................................................... 376 PART IV ........................................................................................ 379 The Proposal ................................................................................. 379 CONCLUSION ................................................................................. 382 Kenneth has been the lead prosecutor in the trial section of the District Attorney’s Office for the past five years.1 He has been solicited by the * Prentice L. White is an Associate Professor of Law at Southern University Law Center (Baton Rouge, Louisiana), and is a former New Orleans prosecutor. He is a member of the Louisiana Appellate Project, which is a state agency that handles criminal appeals for indigent defendants in Louisiana, and he is part of the CJA Panel of contract attorneys for the Middle and Western Districts of Louisiana. The idea for this article resulted from several criminal -
The Ethical Limits of Discrediting the Truthful Witness
Marquette Law Review Volume 99 Article 4 Issue 2 Winter 2015 The thicE al Limits of Discrediting the Truthful Witness: How Modern Ethics Rules Fail to Prevent Truthful Witnesses from Being Discredited Through Unethical Means Todd A. Berger Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Courts Commons, and the Evidence Commons Repository Citation Todd A. Berger, The Ethical Limits of Discrediting the Truthful Witness: How Modern Ethics Rules Fail to Prevent Truthful Witnesses from Being Discredited Through Unethical Means, 99 Marq. L. Rev. 283 (2015). Available at: http://scholarship.law.marquette.edu/mulr/vol99/iss2/4 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. THE ETHICAL LIMITS OF DISCREDITING THE TRUTHFUL WITNESS: HOW MODERN ETHICS RULES FAIL TO PREVENT TRUTHFUL WITNESSES FROM BEING DISCREDITED THROUGH UNETHICAL MEANS TODD A. BERGER* Whether the criminal defense attorney may ethically discredit the truthful witness on cross-examination and later during closing argument has long been an area of controversy in legal ethics. The vast majority of scholarly discussion on this important ethical dilemma has examined it in the abstract, focusing on the defense attorney’s dual roles in a criminal justice system that is dedicated to searching for the truth while simultaneously requiring zealous advocacy even for the guiltiest of defendants. Unlike these previous works, this particular Article explores this dilemma from the perspective of the techniques that criminal defense attorney’s use on cross-examination and closing argument to cast doubt on the testimony of a credible witness. -
Immigration Law 101
Immigration Law 101 April 7, 2020 Immigration Law 101 April 7, 2020 Agenda 3:30pm – 4:30pm Intro and Understanding the Immigration System Immigration Laws and Policies INS v. DHS Immigration Agencies and their roles Mary Armistead, Esq. Determining Immigration Status Citizenship Immigration status: Immigrant, Nonimmigrant, Undocumented Immigrant: family, employment, diversity, humanitarian Nonimmigrant: employment, student, visitor, and others Michelle Lee, Esq. Jon Lemelin The Immigration Process Admission Inadmissibility and Deportability Mary Armistead, Esq. 4:30pm – 5:30pm Understanding Immigration Enforcement Who can enforce immigration laws Where and how does immigration enforcement occur Removal Proceeding basics Mary Armistead, Esq. Michelle Lee, Esq. Obtaining Lawful status Family-based Humanitarian-based Isabelle Thacker, Esq. Immigration Related Developments and Policy Executive orders Regulatory changes Prof. Ava Ayers IMMIGRATION LAW 101 April 7, 2020 SPEAKER BIOGRAPHIES MARY ARMISTEAD, ESQ., works at The Legal Project as an Equal Justice Works Crime Victims Justice Corps Fellow providing direct representation to and building community capacity regarding victims of human trafficking. Mary also teaches Immigration Law as an Adjunct Professor of Law at her alma mater, Albany Law School, where she graduated summa cum laude. Mary clerked at the New York State Court of Appeals for one year before working as the Staff Attorney of the Immigration Law Clinic at Albany Law School, both supervising students and maintaining a personal docket representing clients eligible for humanitarian immigration relief. In her positions at Albany Law School and The Legal Project, she developed the Special Immigrant Juvenile Pro Bono Attorney panel, wherein she connects clients to and supervises attorneys in providing pro bono representation to vulnerable immigrant children. -
Invalid Forensic Science Testimony and Wrongful Convictions
VIRGINIA LAW REVIEW VOLUME 95 MARCH 2009 NUMBER 1 ARTICLES INVALID FORENSIC SCIENCE TESTIMONY AND WRONGFUL CONVICTIONS Brandon L. Garrett*and Peter J. Neufeld** THIS is the first study to explore the forensic science testimony by prosecution experts in the trials of innocent persons, all convicted of serious crimes, who were later exonerated by post-conviction DNA testing. Trial transcripts were sought for all 156 exonerees identified as having trial testimony by forensic analysts, of which 137 were located and reviewed. These trials most commonly included testimony concern- ing serological analysis and microscopic hair comparison, but some in- * Associate Professor, University of Virginia School of Law. **Co-Founder and Co-Director, The Innocence Project. For their invaluable comments, we thank Kerry Abrams, Edward Blake, John Butler, Paul Chevigny, Simon Cole, Madeline deLone, Jeff Fagan, Stephen Fienberg, Samuel Gross, Eric Lander, David Kaye, Richard Lewontin, Greg Mitchell, John Monahan, Erin Murphy, Sinead O'Doherty, George Rutherglen, Stephen Schulhofer, William Thompson, Larry Walker, and participants at the Harvard Criminal Justice Roundta- ble, a UVA School of Law summer workshop, and the Ninth Annual Buck Colbert Franklin Memorial Civil Rights Lecture at the University of Tulsa College of Law. The authors thank the participants at the Fourth Meeting of the National Academy of Science, Committee on Identifying the Needs of the Forensic Sciences Community for their useful comments, and we thank the Committee for inviting our participation at that meeting. Preliminary study data were presented as a report to the Committee on February 1, 2008. We give special thanks to all of the attorneys who graciously volun- teered their time to help locate and copy exonerees' criminal trial transcripts, and par- ticularly Winston & Strawn, LLP for its work in locating and scanning files from DNA exonerees' cases. -
PARTNER Fact Sheet – Union College 2021
PARTNER Fact sheet 2021/2022 Name of Institution UNION COLLEGE Contact Details : Head of the Institution David R. Harris Title President Address 807 Union Street Schenectady, NY 12308 Phone / Fax Phone: 518-388-6101/518-388-6066 Website www.union.edu Lara Atkins International Programs Office International Programs Office Director, International Programs Union College [email protected] Old Chapel, Third Floor Team members Schenectady, NY 12308 USA Ginny Casper Phone: 518-388-6002 Assistant Director, International Programs Fax: 518-388-7124 [email protected] 24-Hour Emergency Cell: 518-573-0471 E-Mail: [email protected] Web: www.union.edu/international Michelle Pawlowski Hours: M-F: 8:30 a.m. – 5 p.m. International Students Services Assistant Director, International Advising Location: Reamer 303 [email protected] Phone: (518) 388-8003 Fax: (518) 388-7151 Shelly Shinebarger Web: www.union.edu/is Director of Disability Services [email protected] Exchange Coordinators : Lara Atkins Contact(s) for Incoming Students Director, International Programs T : 518-388-6002 F : 518-388-7124 E : [email protected] Ginny Casper Contact(s) for Incoming Assistant Director, International Programs Students T : 518-388-6002 F : 518-388-7124 E : [email protected] Donna Sichak Contact(s) for Outgoing Students Assistant to the Directors, International Programs T : 518-388-6002 F : 518-388-7124 E : [email protected] Last modification: 16 November 2020 Page 1 / 4 Academic Information: 2021/2022 Application Term 1 (Fall) : Term 2 (Winter) : Term -
A Record-Breaking Year for Justice
2018 Annual Report A Record-Breaking Year for Justice Affiliated with Benjamin N. Cardozo School of Law, Yeshiva University The Innocence Project was founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University to assist incarcerated people who could be proven innocent through DNA testing. To date, more than 360 people in the United States have been exonerated by DNA testing, including 21 who spent time on death row. These people spent an average of 14 years in prison before exoneration and release. The Innocence Project’s staff attorneys and Cardozo clinic students provided direct representation or critical assistance in most of these cases. The Innocence Project’s groundbreaking use of DNA technology to free innocent people has provided irrefutable proof that wrongful convictions are not isolated or rare events, but instead arise from systemic defects. Now an independent nonprofit organization closely affiliated with Cardozo School of Law at Yeshiva University, the Innocence Project’s mission is to free the staggering number of innocent people who remain incarcerated and to bring substantive reform to the system responsible for their unjust imprisonment. Letter from the Co-Founders, Board Chair and Executive Director ........................................... 3 FY18 Victories ................................................................................................................................................ 4 John Nolley .................................................................................................................................................... -
2010-11 College Catalog
Mission Statement The Albany College of Pharmacy and Health Sciences is committed to graduating the best health care minds in the world. Vision Statement The College, in conjunction with local, national and international collaborators, will be recognized as a pre-eminent educational institution in pharmacy, pharmaceutical sciences and the health sciences, engaged in groundbreaking research in drug discovery, disease state management, and health outcomes. Core Values Institutional Accountability and Integrity, Fiscal Responsibility and Growth, Academic Excellence and Freedom, Individual Respect and Collegiality, Relevant Research and Scholarly Activities, Institutional Fairness and Diversity, Commitment to Professionalism and Ethics. 2012-13 Catalog James J. Gozzo, Ph.D. President John Denio, M.B.A. Interim Provost/Vice President of Academic Affairs 106 New Scotland Ave. 261 Mountain View Dr. Albany, New York 12208-3492 Colchester, VT 05446-5823 Telephone: 518-694-7200 (802) 735-2601 Web site: www.acphs.edu Albany College of Pharmacy and Health Sciences, founded in 1881, is part of Union University along with: Union College, Founded 1795 Albany Medical College, Founded 1839 Albany Law School, Founded 1851 Dudley Observatory, Founded 1852 The Graduate College of Union University, Founded 2003 Table of Contents WELCOME Welcome from President Gozzo……………………………………………………………………….. Page 6 Accreditation……………………………………………………………………………………………………… Page 7 FERPA………………………………………………………………………………………………………………… Page 8 College Calendars…………………………………………………………………………………………….… -
Ubiqus Document
NEW YORK STATE ASSEMBLY STANDING COMMITTEE ON CODES STANDING COMMITTEE ON JUDICIARY STANDING COMMITTEE ON OVERSIGHT, ANALYSIS, AND INVESTIGATION PUBLIC HEARING ON GOVERNMENT OVERSIGHT OF FORENSIC SCIENCE LABORATORIES 250 Broadway, New York, New York Assembly Hearing Room 1923, 19th Floor Wednesday, February 8, 2017 10:00 A.M. -- 2:15 P.M. Page 2 STANDING COMMITTEE ON CODES ET. AL. 2-08-17 ASSEMBLY MEMBERS PRESENT: ASSEMBLY MEMBER JOSEPH LENTOL Chair, Assembly Standing Committee On Codes ASSEMBLY MEMBER HELENE WEINSTEIN Chair, Assembly Standing Committee On Judiciary ASSEMBLY MEMBER MATTHEW TITONE Chair, Assembly Standing Committee On Oversight, Analysis and Investigation ASSEMBLY MEMBER CHARLES LAVINE ASSEMBLY MEMBER JO ANNE SIMON Geneva Worldwide, Inc. 256 West 38th Street, 10th Floor, New York, NY 10018 Page 3 STANDING COMMITTEE ON CODES ET. AL. 2-08-17 INDEX WITNESS Page Panel: Erin Murphy 11 Professor, New York University School of Law Marvin E. Schechter 31 Attorney Panel: Barry Scheck 79 Co-Director, The Innocence Project Former Commission Member, NYS Commission on Forensic Science Sarah Chu 124 Senior Forensic Policy Associate, The Innocence Project Scott McNamara 128 District Attorney, Oneida County The District Attorneys Association of NY Roger Muse 158 Vice President of Business Development ANSI-ASQ National Accreditation Board (ANAB) Panel: Richard Torres 178 Attorney, The Legal Aid Society Benjamin Ostrer 188 Attorney, Ostrer and Associates, PC Geneva Worldwide, Inc. 256 West 38th Street, 10th Floor, New York, NY 10018 Page 4 STANDING COMMITTEE ON CODES ET. AL. 2-08-17 Panel: Sumana Harihareswara 197 Founder and Principal, Changeset Consulting Rebecca Wexler 210 Resident, The Data and Society Research Institute Geneva Worldwide, Inc. -
Racializing Asian Americans in a Society Obsessed with OJ
Hastings Women’s Law Journal Volume 6 Article 4 Number 2 Seeing the Elephant 6-1-1995 Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.J. Cynthia Kwei Yung Lee Follow this and additional works at: https://repository.uchastings.edu/hwlj Recommended Citation Cynthia Kwei Yung Lee, Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.J., 6 Hastings Women's L.J. 165 (1995). Available at: https://repository.uchastings.edu/hwlj/vol6/iss2/4 This Essay is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Women’s Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Beyond Black and White: Racializing Asian Americans in a Society Obsessed with 0.1. Cynthia Kwei Yung Lee* I. Introduction The 0.1. Simpson double murder trial has been called the "Trial of the 2 Century" I and has captured the attention of millions. The trial has raised interesting questions about the convergence of issues regarding race, class, and gender. 3 Rather than extensively discussing these global issues, * The author is an Associate Professor of Law at the University of San Diego School of Law. She received an A.B. from Stanford University and a J.D. from the University of California at Berkeley, Boalt Hall School of Law. First and foremost, she wishes to thank her good friend Robert Chang who, through his own scholarship, encouraged her to write this essay.