October 08, 2013 | New York Law Journal
May Prosecutors Bar Note Taking of Witness Interviews?In his Ethics and Criminal Practice column, Joel Cohen, of counsel at Stroock & Stroock & Lavan, writes that truth-telling witnesses will inevitably remember probative events differently on different occasions, and one can easily understand why a prosecutor might prefer not to have to transmit a contemporaneous-to-the-inconsistency piece of paper directly into the hands of a skillful defense lawyer. But what law exists on this issue, given that no federal case law affirmatively obligates prosecutors or their witnesses to take notes?
By Joel Cohen
14 minute read
July 02, 2012 | Law.com
Having the Punishment Fit the CrimeIdeally, writes attorney Joel Cohen, a sentence should hold a mirror up to a defendant so that the sentencing judge and society can determine that the defendant's demons have been exorcised, or at least that the process has begun. But in reality, how often does the punishment handed down by U.S. courts actually fit the crime?
By Joel Cohen
9 minute read
January 05, 2010 | Daily Business Review
A New Year's resolution for lawyersShould questions arise about our own conduct because of willingness to let our colleagues' "on the edge" behavior go unchecked?
By Joel Cohen and Katherine A. Helm
7 minute read
March 19, 2012 | Law.com
When a Client Slips Between the CracksIn this commentary, Joel Cohen examines some of the lessons to be learned from an iconic law firm's handling of a death penalty case in which a series of errors led to a pivotal appeal deadline being missed.
By Joel Cohen
7 minute read
March 22, 2012 | New York Law Journal
Remembering Tom PuccioWhen investigating a case, Tom Puccio would ask witnesses amateurish questions in unabashed Brooklyn tones, suggesting he knew little about the facts. It was pure pretense, gamesmanship.
By Joel Cohen
6 minute read
July 15, 2013 | Law.com
When Silence Speaks Volumes About Incrimination RisksBy Joel Cohen
7 minute read
February 19, 2007 | National Law Journal
No gatekeeper of justiceThe prosecution of three Duke University lacrosse players for the rape of a young woman at a party has exposed to a national audience an unbridled abuse of prosecutorial power.
By Bennett L. Gershman and Joel Cohen/Special to The National Law Journal
5 minute read
November 17, 2011 | Texas Lawyer
Handing Up the Client in Self-DefenseWay too often, a lawyer gives the client the best advice he can, perhaps the advice that every other skilled lawyer would impart under the circumstances, only to be met with the client's foolish rejection of it.
By Joel Cohen
7 minute read
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