Jay Goldberg

September 12, 2005 | New York Law Journal

Jay Goldberg, a member of the Law Offices of Jay Goldberg, argues that justice cannot be served when the law denies an accused his or her right of confrontation in a case where multiple defendants are on trial for having conspired to commit a crime, therefore favoring one defendant's Fifth Amendment rights over another defendant's Sixth Amendment rights.

By Jay Goldberg

14 minute read

May 19, 2011 | New York Law Journal

Jay Goldberg, an attorney in New York City, writes: While the prosecutor in a criminal case, and the plaintiff's lawyer in a civil case, prefer to have the case tried in an atmosphere that is oppressively solemn in mood, the defense lawyer can use humor to relieve stressful situations. But beware, humor that falls flat can be extremely harmful.

By Jay Goldberg

9 minute read

July 07, 2005 | New York Law Journal

Jay Goldberg, a principal in the Law Offices of Jay Goldberg, writes that, for years, trial courts have chosen not to heed the ruling of the Supreme Court by adequately instructing juries as to the government's burden when it prosecutes an all-too-common charge under the provisions of the federal RICO statute.

By Jay Goldberg

14 minute read

August 11, 2006 | New York Law Journal

Jay Goldberg, a principal at the Law Offices of Jay Goldberg, asks: Should what lawyers, judges, and scholars know about the reliability of government "informant" testimony be imparted to the jury to help it judge the credibility of such witnesses?

By Jay Goldberg

10 minute read

June 16, 2003 | New York Law Journal

By Jay Goldberg

11 minute read

November 17, 2005 | New York Law Journal

Jay Goldberg, a principal in the Law Offices of Jay Goldberg, writes that the recent decision of the U.S. Court of Appeals for the Second Circuit in United States v. Yakobowicz raises issues that are fundamental to the administration of criminal justice that go well beyond the precise question decided by that court.

By Jay Goldberg

16 minute read

May 15, 2006 | New York Law Journal

Jay Goldberg, a principal at the Law Offices of Jay Goldberg, writes that Justice Sandra Day O'Connor, within days of announcing her resignation, stated on CNN that one of her disappointments during her years of service was her observation that some attorneys now appear to believe that the practice of the law is a business, rather than a profession.

By Jay Goldberg

11 minute read

March 17, 2010 | New York Law Journal

Jay Goldberg, an attorney in New York City, writes that historical precedent demonstrates that in certain circumstances, trial in military courts is legally correct whether the civilian courts were open or not, and military trials have not damaged this country's values and global image. Given the complications that occur in a civilian trial, its likely length, and Kalid Shaikh Mohammed's heinous crimes, his case should be tried before a military commission.

By Jay Goldberg

16 minute read

June 10, 2009 | New York Law Journal

Jay Goldberg, a New York City attorney and former acting U.S. Attorney for the Northern District of Indiana, writes: In Dickerson v. United States, Chief Justice William H. Rehnquist, for the Court, wrote, "Miranda has become embedded in routine police practice...." But there is more than enough to question the accuracy of the Court's sweeping and confident observation. It is clear the Court does not rely on any empirical evidence. If what the chief justice wrote were accurate, there should be no law enforcement objection to tape recording custodial interrogations.

By Jay Goldberg

16 minute read

February 24, 2006 | New York Law Journal

Jay Goldberg, a member of Jay Goldberg PC, writes that while scholars extol the role of the jury in our constitutional framework, in practice, the jury is often deprived of information that it needs to determine the credibility of a witness. The whole question of timing in the turnover of impeachment material is resolved by assessing only the interests of the advocates and the accused, with little thought given to how development of the proof and presentation to the jury would ensure a proper verdict.

By Jay Goldberg

14 minute read