Joel Cohen

April 12, 2019 | New York Law Journal

“General deterrence”—the goal of deterring the criminal conduct of others—is a key component of sentencing. That is, a sentence not necessarily (or at least only) designed to deter you, but to deter the community at large.

By Joel Cohen

6 minute read

April 08, 2019 | New York Law Journal

Ethics and Criminal Practice columnist Joel Cohen discusses prosecutorial discretion in relation to the Jeffrey Epstein case, the Mueller Investigation, and the Jussie Smollett case, and writes: “Is prosecutorial discretion a good thing? Many argue that it can be lawless and tyrannical.” He then looks at why discretion makes sense, “even if there is a glitch or two.”

By Joel Cohen

9 minute read

March 25, 2019 | New York Law Journal

What is most telling is a message deriving from this investigation for virtually every target vacillating over whether to accept his lawyer's knee jerk, playbook advice to remain silent.

By Joel Cohen and Gerald B. Lefcourt

5 minute read

March 07, 2019 | New York Law Journal

Imagine being the DA here—a high-profile case, a key witness with changing stories and some #MeToo advocates never too far in the background.

By Joel Cohen

7 minute read

February 11, 2019 | New York Law Journal

In his Ethics and Criminal Practice column, Joel Cohen writes: Paul Whelan, a U.S. citizen, has been accused of spying by Russia. His Russian lawyer, Vladimir Zherebenkov, is a former Soviet government investigator. Zherebenkov was challenged in the U.S. press for seeming to do the Kremlin's bidding in the guise of representing his client. But what if his actions are in the best interest of his client?

By Joel Cohen

8 minute read

January 08, 2019 | New York Law Journal

In this extremely timely book, Prof. Brettschneider reminds us that, in order for our government to work as it was meant to, each branch—Executive, Legislative and Judicial—must work with the other.

By Joel Cohen and Dale J. Degenshein

6 minute read

December 14, 2018 | New York Law Journal

Virtually every judge will tell you that sentencing is the most solemn and difficult decision they must make. Some acknowledge conferring with their clerks, or occasionally with a colleague or two, simply as a gut check when confronted with a difficult sentence, or one with potentially broader ramifications than just the defendant before them. Almost every one of them, though, truly struggles with it every time.

By Joel Cohen

7 minute read

December 10, 2018 | New York Law Journal

In his Ethics and Criminal Practice column, Joel Cohen considers whether there are factors beyond competence that should go into determining whether a technically unconflicted attorney might nonetheless be the wrong guy for the job?

By Joel Cohen

9 minute read

October 26, 2018 | New York Law Journal

The collection is an imperative for any litigating attorney, and helps put the work of judging in perspective for anyone who may find themselves embroiled in our legal system.

By Joel Cohen and Dale J. Degenshein

7 minute read

October 09, 2018 | New York Law Journal

Ethics and Criminal Practice columnist Joel Cohen writes: Are prosecutors or defense counsel ethically obligated to stifle their predispositions, proneness or susceptibility to a favorable view of a witness's account of the facts when carrying out their professional responsibilities?

By Joel Cohen

9 minute read