BARRY LATZER
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183 Oakdene Avenue John Jay College of Criminal Justice Teaneck, N.J. 07666 Department of Government Voice/FAX: (201) 836-5923 445 West 59 th Street New York, N.Y. 10019 [email protected]
CURRE T POSITIO
Professor , John Jay College of Criminal Justice and The Graduate Center of the City University of New York. Member of Doctoral and Master’s Faculties in Criminal Justice. Taught in the undergraduate program since 1978.
ADVA CED DEGREES
J.D., Fordham University School of Law, 1985
Ph.D. in Political Science, University of Massachusetts, Amherst, 1977 Dissertation : “The Constitutional Authority of the President to Commence Hostilities Without a Congressional Declaration of War,” (unpublished, 523 pages)
B.A. in Political Science, Brooklyn College (CUNY), 1966
BOOKS & STUDY REPORTS
Violent Crime in U.S. History (expected release in 2014)
Justice Delayed? Time Consumption in Capital Appeals: A Multistate Study 2007, 56 pages. Supported by the U.S. Department of Justice, National Institute of Justice (with James N.G. Cauthen)
Death Penalty Cases: Leading U.S. Supreme Court Cases on Capital Punishment (Newton, Mass.: Butterworth-Heinemann, 1998, 260 pages) Second Edition (revised and updated, 2002, 348 pages) Third Edition, with David E. McCord (revised and updated, 2011, 440 pages)
State Constitutional Criminal Law (Rochester, N.Y.: Clark, Boardman, Callaghan, 1995, 922 pages) First annual supplement, 1996, 139 pages Second annual cumulative supplement, 1997, 213 pages Third annual cumulative supplement, 1998, 310 pages Latzer CV 2
Fourth annual cumulative supplement, 1999, 346 pages Fifth annual cumulative supplement, 2000, 409 pages
State Constitutions and Criminal Justice (Westport, Conn.: Greenwood, 1991, 219 pages)
SCHOLARLY ARTICLES, LEGAL BRIEFS & BOOK REVIEWS
“Revolution or Rampage? Reexamining the Riots of the 1960s and 70s.” (to be published in Criminal Justice and Law Enforcement Annual: Global Perspectives , AMS Press, Inc., 2013)
2009 “The Great Black Hope,” 9(1) Claremont Review of Books (2008/09)
2008 “Why So Long? Explaining Processing Time in Capital Appeals,” 29 Justice System Journal 298 (with James N.G. Cauthen).
2007 Amicus Brief to the U.S. Supreme Court, Roper v. Weaver , a federal habeas corpus death penalty case, prepared for the Criminal Justice Legal Foundation.
2003 “Between Madness and Death: The Medicate-to-Execute Controversy,” 22 Criminal Justice Ethics 3 (2003)
“Reflections on Innocence,” 39 Criminal Law Bulletin 133 (2003)
2002 “A Reply to Professor Mandery,” 65 Albany Law Review 935 (2002)
“Misplaced Compassion: The Mentally Retarded and the Death Penalty,” 38 Criminal Law Bulletin 327 (2002)
Book Review of America Without the Death Penalty; States Leading the Way by Galliher, Koch, Keys & Guess (Boston: Northeastern University Press, 2002), 12 Law and Politics Book Review 363-366 (July 2002) (published at http://www.unt.edu/lpbr/)
2001 "The Failure of Comparative Proportionality Review of Capital Cases (With Lessons from New Jersey)," 64 Albany Law Review 1161 (2001)
Book Review of When the State Kills by Austin Sarat (Princeton: Princeton University Press, 2001), 11 Law and Politics Book Review 292-298 (June 2001) (published at http://www.unt.edu/lpbr/) Latzer CV 3
“Defendants’ Rights in New York,” Chapter in Crime and Justice in ew York City, ed. by Andrew Karmen (New York, N.Y.: McGraw-Hill, 2001)
"Another Recount: Appeals in Capital Cases," 35 The Prosecutor 25 (2001) [available at www.lib.jjay.cuny.edu/docs/capital.html]
Book Review of Respecting State Courts by Michael E. Solimine & James L. Walker (Westport, Conn.: Greenwood Press, 1999), 84 Judicature 215 (2001)
2000 “State Constitutional Developments,” 36 Criminal Law Bulletin 148 (2000) "Time on Appeal: Empirical Evidence on Capital Case Processing in New Jersey," 39 Judges' Journal 12 (2000) (written with James N.G. Cauthen) "Capital Appeals Revisited," 84 Judicature 64 (2000) (written with James N.G. Cauthen) [available at www.lib.jjay.cuny.edu/docs/capital.html]
"The Meaning of Capital Appeals: A Rejoinder to Liebman, Fagan, and West," 84 Judicature 142 (2000) (written with James N.G. Cauthen) [available at www.lib.jjay.cuny.edu/docs/capital.html]
1999 “State Constitutional Developments,” 35 Criminal Law Bulletin 170 (1999)
1998 “State Constitutional Developments,” 34 Criminal Law Bulletin 359 (1998)
“Whose Federalism? Or, Why ‘Conservative’ States Should Develop their State Constitutional Law,” 61 Albany Law Review 1399 (1998)
“The Death Penalty in New York State,” Chapter in Crime and Justice in ew York City, pp. 213-227, ed. by Andrew Karmen (New York, N.Y.: McGraw-Hill, 1998)
1997 “State Constitutional Developments,” 33 Criminal Law Bulletin 487 (1997)
Book Review of The Indiana State Constitution by William P. McLauchlan (Westport, Conn.: Greenwood Press, 1996), 7 Law and Politics Book Review 68-71 (Feb. 1997) (published at http://www.unt.edu/lpbr/)
1996 “Toward the Decentralization of Criminal Procedure: State Constitutional Law and Selective Disincorporation,” 87 Journal of Criminal Law and Criminology 63 (1996)
“State Constitutional Chutzpah,” 59 Albany Law Review (State Constitutional Commentary Issue) 1733 (1996) Latzer CV 4
“California’s Constitutional Counterrevolution,” Chapter in Constitutional Politics in the States, pp. 149-177, ed. by G. Alan Tarr (Westport, Conn.: Greenwood, 1996)
“State Constitutional Developments” 32 Criminal Law Bulletin 62 (1996)
1993 “The California Supreme Court’s Strange Odyssey” 22 Perspectives on Political Science 157 (1993)
“A Critique of Gardner’s Failed Discourse ” 24 Rutgers Law Journal 1009 (1993) “State Constitutional Developments” 29 Criminal Law Bulletin 253 (1993)
1992 “Four Half-Truths About State Constitutional Law” 65 Temple Law Review 1123 (1992) “State Constitutional Developments” 8 Criminal Law Bulletin 382 (1992)
“State Constitutional Developments” 28 Criminal Law Bulletin 141 (1992)
1991 “The New Judicial Federalism and Criminal Justice: Two Problems and a Response” 22 Rutgers Law Journal 863 (1991)
“Into the ‘90s: More Evidence that the Revolution Has a Conservative Underbelly” 4 Emerging Issues in State Constitutional Law 17 (1991)
“State Constitutional Developments” 27 Criminal Law Bulletin 434 (1991)
“State Constitutional Developments” 27 Criminal Law Bulletin 247 (1991)
“The Hidden Conservatism of the State Court ‘Revolution’” 74 Judicature 190 (1991), reprinted in Judicial Politics: Readings from Judicature (E. Slotnick ed. 1992)
1980s “Limits of the New Federalism: State Court Responses” 14 Search and Seizure Law Report 89 (1987)
“Arson Investigations and the Fourth Amendment” 11 Search and Seizure Law Report 69 (1984)
“Royer , Profiles and the Emerging Three-Tier Approach to the Fourth Amendment” 11 American Journal of Criminal Law 149 (1983)
“Searching Cars and Their Contents” 18 Criminal Law Bulletin 381 (1982)
“Police Entries to Arrest—Payton v. ew York” 17 Criminal Law Bulletin 156 (1981) Latzer CV 5
“Is Experimental Design Constitutional?” in Criminal Justice Research: ew Models and Findings (B. Price & P.J. Baunach eds., Beverly Hills, Cal.: Sage, 1980) (written with Michael P. Kirby)
CO FERE CE PAPERS
“Explaining the Great Crime Rise of the Sixties,” Tenth Biennial International Conference, Global Perspectives on Justice, Security and Human Rights John Jay College of Criminal Justice, New York City, June 9, 2012
“McCleskey at 20: The Challenge of the New Scholarship on Race and the Death Penalty” Conference on Race and the Death Penalty Debate, John Jay College of Criminal Justice New York, February 21, 2007. Also presented at Cornell Law School, November 8, 2007
“Detaining Terrorists: The Hamdi and Padilla Cases” Conference, International Perspectives on Crime, Justice and Public Order, Bucharest, Romania, June 8, 2004
“Reflections on Innocence” Conference, Equal Treatment and the Death Penalty, John Jay College of Criminal Justice, New York, Nov. 11, 2002
“‘Not a Suicide Pact’: Antiterrorism and the U.S. Constitution” Conference, International Perspectives on Crime, Justice and Public Order, London, England, June 19, 2002
“Racial Profiling and Stop and Frisk Law” Conference, International Perspectives on Crime, Justice and Public Order, Bologna, Italy, June 7, 2000
“An Empirical Study of the Postsentence Capital Case Process in New Jersey,” The Northeastern Association of Criminal Justice Sciences, June 11, 1999 (coauthored with James N. G. Cauthen)
“Criminal Justice and the American and Hungarian Constitutions” Conference, International Perspectives on Crime, Justice and Public Order, Budapest, Hungary, June 23, 1998
“Post-Sentence Delays in Capital Cases: Early Warnings for New York” Conference on The Death Penalty in New York, SUNY Albany School of Criminal Justice, April 17, 1998 (coauthored with James N. G. Cauthen)
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“New York vs. ‘The Rest of the Country,’ State Constitutional Criminal Procedure” Symposium on New York State Constitutional Law, Trends and Developments, Touro Law School, Huntington, Long Island, NY, Nov. 21, 1997 (Published in 14 Touro Law Review 693 (1998))
“The Redundancy of Federal and State Criminal Procedure” Academy of Criminal Justice Sciences, Las Vegas, Nevada, March 16, 1996
“Toward the Decentralization of Criminal Procedure” New York Political Science Association, Ithaca, N.Y., March 30, 1996
“Reexamining the Federal Floor: Is It Time to Selectively Disincorporate?” Conference on State Constitutional Law: Adjudication and Reform, Sponsored by Government Law Center of Albany Law School and Touro College, Jacob D. Fuchsberg Law Center, Albany, N.Y., March 1, 1996 (Published in 13 Touro Law Review 135 (1996)) “Seeing the States Without A Mapp: Disincorporation and State Constitutional Criminal Procedure in the 21st Century” American Political Science Association, New York, N.Y., September 4, 1994
“Rights Under State Constitutions” American Bar Association Council of Chief Judges of Courts of Appeal Annual Seminar, Savannah, Ga., November 11, 1992
“Four Half-Truths About State Constitutional Law” New York Political Science Association, Buffalo, N.Y., April 25, 1992
“The Hidden Conservatism of the New Judicial Federalism” Southern Political Science Association, Atlanta, Ga., Nov. 8, 1990. Nominated for Pi Sigma Alpha award for best Conference paper.
“Legal Issues in Evaluation Research” American Society of Criminology, Philadelphia, Pa., Nov. 1979 (coauthored with Michael P. Kirby)
OTHER PUBLICATIO S
“Common Knowledge: The Purpose of General Education,” The Chronicle of Higher Education, Oct. 8, 2004
“The Hollow Core: Failure of the General Curriculum” National study on general education in 50 colleges and universities. American Council of Trustees & Alumni, Washington, DC (2004).
“Don’t Stop CUNY Reform” Op-Ed, New York Post, November 22, 1999, p. 31 (coauthored with Dorothy Lang) Latzer CV 7
“Sabotaging CUNY Reform” Op-Ed, New York Daily News, October 26, 1999, p. 37 (coauthored with Dorothy Lang)
“Why We Shouldn’t Bar Profiles” Op-Ed, The Sunday Record (Bergen County, NJ), March 7, 1999, p. RO-1
“An Empirical Study of Delays in Post-Sentence Litigation of Capital Cases in New Jersey” Report to New Jersey Governor’s Study Commission on the Implementation of the Death Penalty, August 5, 1998 (coauthored with James N. G. Cauthen)
“We Can Cut Appeals and Still Be Fair” Op-Ed, The Sunday Record (Bergen County, NJ), August 2, 1998, p. RO-1
“Death Penalty Foes Out of Arguments” Op-Ed, New York Daily News, June 11, 1997, p. 37
“The High Court v. High Drivers: A Short Course in Logic” 21 Criminal Law Bulletin 37 (1985)
I TERVIEWS, LECTURES, OTHER PUBLIC SPEAKI G
Address, “Why Is Crime Down When Unemployment Is Up?” Rutgers University School of Law, Newark, NJ, October 2, 2012
Address, “Is the Death Penalty Racist?” Shepard Broad Law Center, Nova Southeastern University, Ft. Lauderdale, FL, January 17, 2011
Address, “Is the Death Penalty Racist?” Rutgers University School of Law, Newark, NJ, October 13, 2009
Address, “Is the Death Penalty Racist?” Cornell University Law School, Ithaca, NY, November 8, 2007
Address, “Transmitting Western Culture,” Policy Forum, U.S. Capitol, Sponsored by The Objectivist Society, June 3, 2004 (Speakers included Christopher Hitchens)
Panelist, New York Town Hall Meeting, “Freedom and Security After September 11,” Brooklyn College, April 15, 2002 (Run by Norman Siegel. Panelists included Ron Kuby)
CUNY-TV Interview on the death penalty: “Criminal Justice Closeup,” May 16, 2001
Interviewed on the death penalty, WABC, and Fox Five television newscasts, June 7, 1998 Latzer CV 8
Testified before the New Jersey Study Commission on the Implementation of the Death Penalty, Paramus Borough Hall, Paramus, N.J., March 11, 1998 Interviewed on the death penalty, WFDU (89.1 FM) “Dialogue,” January 25, 1998
Interviewed on the Oklahoma Bombing Case and the death penalty, NPR (National Public Radio), June 3, 1997
Interviewed on the Oklahoma Bombing Case and the death penalty, MS-NBC, June 1, 1997
Lectures on American criminal procedure, Facoltá di Giurisprudenza, Universitá Degli Studi di Trento, Italy (Law Faculty, Trento University), April, 1996
Interviewed on the New York death penalty law, WBBR (Bloomberg Information Radio), February 16, 1995
Panelist, “Good Day Street Talk,” with former N.Y.C. Mayor Ed Koch, on U.S. Supreme Court appointments, Fox Five TV, May 16, 1994
Participant, State Constitutional Law Symposium, Temple University School of Law, Philadelphia, Pa., March 12, 1994
Discussant, Panel on Justice and the Legal System, New York Political Science Association, New York, N.Y., April 24, 1993
Interviewed on state constitutional law, “Our Town with John Sanders,” Cable TV, April 14, 1992
Panelist, Symposium on Jury Nullification, John Jay College, with Prof. H. Richard Uviller, defense attorney Jack Litman, Assistant District Attorney Mark Dwyer and New York State Senator Joseph L. Galiber, February 13, 1992 (Published in 29 Criminal Law Bulletin 40 (1993))
Discussant, Panel on State Court Responses to Greater Discretion in Approaching Civil Liberties Issues, New York Political Science Association, New York, N.Y., April 13, 1991
Interviewed on state constitutional law, FDU Focus (Cable Television Network of New Jersey), November 13, 1990
Interviewed on Fourth Amendment decisions of U.S. Supreme Court, “On The Line,” with Brian Lehrer, WNYC-AM, March 1, 1990
Panelist, program on jury trials, CNBC Live, with Prof. Arthur Miller, Jack Litman, "Preppie Murder" defense attorney, and Victor Earl, civil litigator, August 14, 1989
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Lectures on Criminal Justice and the Constitution, New-York Historical Society, Summer Institute for Secondary School Teachers, July 1987, July 1988, July 1989
Moderator, Law Conference, “The Future of Criminal Justice Under the Constitution” (as College Coordinator of Constitutional Bicentennial Programs, I planned, organized, and obtained funding for the Conference), John Jay College, September 16, 1988 (Published in 25 Criminal Law Bulletin 1 (1989))
Lecture on New York Criminal Procedure Law, New York State Court Clerk's Training Program, April, 1984
Lecture on Automobile Search Law, Fordham Law School, March, 1984
Interviewed on the Fourth Amendment Exclusionary Rule, WNYC-TV, January, 1984
Moderator, Debate on the Death Penalty, with Ernest van den Haag, John Jay College, October, 1983
Discussant, Panel on Women’s and Defendants’ Rights, New York Political Science Association, Syracuse, N.Y., April, 1980
GRA T AWARDS
$3,990 PSC-CUNY Research Award for preparation of history of violent crime (2011-2012)
$7,500 Earhart Foundation Fellowship Research Grant for preparation of history of violent crime (2011-2012)
$123,000, National Institute of Justice Research Fellowship (2004-2005). Residential Fellowship, Washington, DC. Research project: “A Multistate Analysis of Time Consumption in Capital Appeals” (with James N.G. Cauthen, Research Associate).
$1000, PSC-CUNY Research Award for research on State Constitutional Developments (1996-97)
$2186, PSC-CUNY Research Award for research on book, State Constitutional Criminal Law (1994-95)
$1265, PSC-CUNY Research Award to conduct computerized legal research on book, State Constitutions & Criminal Justice (1988-89)
$5800, New York State Commission on the Bicentennial to support Constitutional Bicentennial Law Conference at John Jay College (1988)
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CASES CITI G MY PUBLICATIO S
State v. Papasavvas, 170 N.J. 462, 790 A.2d 798 (N.J. 2002) (New Jersey Supreme Court)
State v. Kleypas, 40 P.3d 139 (Kan. 2001) (Kansas Supreme Court)
State v. Cardenas-Alvarez, 130 N.M. 386, 25 P.3d 225, (N.M. 2001) (New Mexico Supreme Court)
Commonwealth v. Silva, 2000 WL 991707 (June 20, 2000) (Massachusetts Superior Court)
Williams v. Sturm, 110 F. Supp.2d 353 (E.D. Pa. 2000) (US District Court, Pennsylvania)
State v. Link, 708 N.E.2d 60 (Ind. App. 1999) (Court of Appeals of Indiana)
State v. Snyder, 967 P.2d 843 (N.M. App. 1998) (Court of Appeals of New Mexico)
State v. Davis, 972 P.2d 388 (Utah 1998) (Utah Supreme Court)
State v. Bridges, 925 P.2d 357 (Haw. 1996) (Hawaii Supreme Court)
Saldana v. State, 846 P.2d 604 (Wyo. 1993) (Wyoming Supreme Court)
California v. Acevedo, 500 U.S. 565 (1991) (United States Supreme Court)
State v. Ringquist, 433 N.W.2d 207 (N.D. 1988) (North Dakota Supreme Court)
Eisenhauer v. State, 754 S.W.2d 159 (Tex. Cr. App. 1988) (Texas Court of Criminal Appeals)
Commonwealth v. Pietrass, 392 Mass. 892, 467 N.E.2d 1368 (1984) (Massachusetts Supreme Judicial Court)
State v. Johnson, 313 S.E.2d 580 (N.C. 1984) (North Carolina Supreme Court)
United States v. Minick, 455 A.2d 874 (D.C. Cir. 1983) (District of Columbia Court of Appeals)
People v. Parker, 417 Mich. 556, 339 N.W.2d 455 (1983) (Michigan Supreme Court)
OTHER CRIMI AL JUSTICE EXPERIE CE
Visiting Exchange Professor , Police Staff College, Bramshill, England (Spring 2000 semester)
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Assistant District Attorney , Kings County (Brooklyn) District Attorney's Office, Appeals Bureau and Early Case Assessment Bureau (1985 to 1986)
Member, Indigent Defendants’ Appeals Panel , Supreme Court, State of New York, Appellate Division, First Department (1987-1990)
ADMI ISTRATIVE EXPERIE CE
Senior Consultant , American Council of Trustees and Alumni, Washington, DC (2003-2005)
Director , The Institute for Effective Governance, Washington, DC (2003-2005)
Administrative Fellow , City University of New York (Fall 2000)
Coordinator of the Criminal Justice Major, John Jay College (2008-)
Coordinator of the Legal Studies Major, John Jay College (various times during 1990s)
PROFESSIO AL AFFILIATIO S
New York Bar (since 1986)
New Jersey Bar (since 1986)
National Association of Scholars, Member of the Board of Trustees, 2004-
CUNY Association of Scholars (Treasurer and Member of Executive Committee, 1997-2003, 2005-)
Contributing Editor, Criminal Law Bulletin (1991-2000)
PERSO AL
Born Bronx, New York, 1945
Graduated Far Rockaway High School, June 1962
Married 42 years to Sandra A. Latzer, Librarian, Dwight-Englewood School, Englewood, N.J.
One child, Miriam, age 38; B.A. Vassar College; Master of City and Regional Planning, Bloustein School, Rutgers University; Organic Farmer, Loose Caboose Farm, Tivoli, NY
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Interests: Opera and classical music; hiking
(Updated 10/01/12)