Author Archives: Hofstra Law Review

Hard Questions and Innocent Clients: The Normative Framework of The Three Hardest Questions, and the Plea Bargaining Problem

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. What makes … Continue reading

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Do Prosecutors Really Matter?: A Proposal to Ban One-Sided Bail Hearings

The inspiring story of Gideon v. Wainwright gives lawyers and law students alike the impression that indigent people will be provided with defense counsel when they are charged with a crime. What few people realize, however, is that in about … Continue reading

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Monroe Freedman and the Morality of Dishonesty: Multidimensional Legal Ethics as a Cold War Imperative

Well before the turn of the last century, Monroe Henry Freedman’s place in the history of legal ethics had been established. Often, he would be introduced by reference to professional honors. Audiences would be told, for instance, that he had … Continue reading

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Candor in Criminal Advocacy

[I]t is precisely when one tries to act on abstract ethical advice that the practicalities intrude . . . . – Monroe H. Freedman Monroe Freedman’s 1966 article on the three hardest ethics questions for criminal defense lawyers has lost … Continue reading

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In Memory of Monroe Freedman: The Hardest Question for a Prosecutor

This Article honors Monroe Freedman’s iconic piece on the hardest questions for a criminal defense attorney by posing the same question for prosecutors. What is the hardest question for a prosecutor? Even this is a hard question. The thousands of … Continue reading

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Monroe Freedman: Prophet of Biblical Justice

Commentators often assert that the overriding ideal behind Professor Monroe Freedman’s distinctive view of legal ethics was individual autonomy. Professor Freedman’s provocative Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, and his even more provocative answers, have … Continue reading

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The Prosecutor’s Ethical Duty to End Mass Incarceration

Of the many crises in our criminal justice system, none is more critical than the problem of mass incarceration. The United States has the highest incarceration rate in the world, with over 2.2 million people in prison or jail and … Continue reading

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In Defense of the Devil’s Advocate

Among the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who undertake morally questionable representations have a duty to explain or justify … Continue reading

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The Lost Ones of the Interstate Compact on the Placement of Children

Nine-year-old Samantha and her younger brother were removed from their parents’ home by child welfare officials of the State of Washington. Already having gone through the trauma of being torn from their home, the children’s experience would soon worsen.2 That … Continue reading

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I Got 99 Problems and a Warrant is One: How Current Interpretations of the Stored Communications Act Offend International Comity

As of 2012, there were 3.3 billion email accounts in the world and that number is expected to increase by six percent each year, amounting to approximately 4.3 billion accounts in 2016. In 2013, there were approximately 7.137 billion people … Continue reading

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