Overview: ‘A Duty of Loyalty’ Almost 40 years ago, the United States Supreme Court acknowledged that a criminal defense counsel’s duty to represent a client is not without limits. The court wrote, “that duty is limited to legitimate, lawful conduct compatible with the very nature of a trial as a search for truth.”1 Nevertheless, this position … Continued
This issue of the Reporter is about fairness and justice. Yes, on the surface that is an odd statement in light of our section name: the Criminal Justice Section. But still, sometimes we do not focus on issues of fairness and justice the way in which we do in the following pages. First, we have … Continued
Criminal practitioners are accustomed to adapting their practice to where they appear. Good lawyers tailor their practice from one judge to another for the benefit of their clients. Some might find it ineffective to fail to do so. Just as there are differences from one court to another, there also are disparities between upstate and … Continued
In the summer of 1980, Jimmy Carter was president and campaigning against Ronald Reagan, who would win the November election. Later that year, John Lennon would be murdered outside of his apartment building on the Upper West Side. In 1981, the New York Times reported that 1980 was the worst year for crime in New … Continued
The recent trial of Donald Trump in New York City has regenerated the reoccurring debate of whether cameras should be allowed to telecast judicial proceedings. Some ask why; others, why not. Searching for an answer, the Sixth Amendment to the United States Constitution might be the place to begin. “In all criminal prosecutions, the accused … Continued
In a split decision, the Court of Appeals in People v Debellis, 40 N.Y.3d 431, 202 N.Y.S.3d 740, 225 N.E.3d 859 (2023), held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the “defense of voluntary surrender” of a firearm pursuant to Penal Law § 265.20(a)(1)(f). In doing … Continued