Category: Articles of Interest

The Use of Cooperating Witnesses in Federal Prosecutions

Pace Law’s Distinguished Fellow in Criminal Justice Mimi Rocah recently appeared on the “Law & Crime” network to discuss the government’s use of a cooperating witness with host Caroline Polisi. Ms. Rocah explained the process of using a cooperating witness in a federal prosecution. Although a cooperator must first plead guilty to the highest possible crime (and possibly other unrelated crimes), the incentive to cooperate in a federal investigation is significant. If the government finds that the cooperator has information against more culpable parties and they testify truthfully, the government will ask the judge to sentence the cooperator below the mandatory minimum under the sentencing guidelines. See the interview here.

Let’s Keep the Conversation About Gun Control Going

WRITTEN BY: Mimi Rocah, a former Federal Prosecutor and Pace Law Distinguished Criminal Justice Fellow

It was great to see such an amazing turnout at the November 6 talk with former ATF Mike Burke about guns and gun violence. Please keep reading and talking about the issues. Here are some good follow-up reads:

NYS Prosecutors to Meet Their Brady Obligations

NYS judges will now be required to issue an order to Prosecutors to meet their Brady obligations. At the very least, courts will be alerted that they have a role in ensuring timely disclosure. Presumably, a prosecutor who fails to comply can now be held in contempt.

Read the full article: Susan DeSantis, Judges Ordered to Direct Prosecutors to Turn Over Information Favorable to DefenseNew York Law Journal (Nov. 7, 2017).

Should Non-Disclosure Agreements be Illegal?

In the wake of recent sexual harassment news, Prof. Bennett L. Gershman, of the Elisabeth Haub School of Law at Pace University, argues that private civil settlements that involve non-disclosure should be illegal.

The President and the Law Enforcement Community

In a recent Huffington Post piece, titled The Trump Administration’s Treatment Of Law Enforcement Professionals and The Criminal Justice System Is Alarming, alum and PCJI Board Member John Bandler critiques the administration’s treatment of the law enforcement community.