Academic journal article Albany Law Review

Perspectives

Academic journal article Albany Law Review

Perspectives

Article excerpt

FOREWORD

As part of its annual issue, State Constitutional Commentary endeavors in its Perspectives section to provide unique insight into the status of state constitutional jurisprudence in this nation. Past issues have seen addressed such diverse topics as the effect of ethnic characteristics upon judicial decision-making,(1) the most noteworthy state constitutional cases,(2) and the validity of state constitutional adjudication itself.(3)

This year, Perspectives strays somewhat, as has been typical, from the format of past issues to provide an exclusive look into the recent Diallo case, People v. Boss(4)--the murder prosecution of four New York City police officers in the death of West African immigrant Amadou Diallo. While that trial represents only the latest installment of politically, culturally, and emotionally charged cases involving allegations of police brutality, it also offers an interesting examination into state constitutional law in New York State.

Commencing Perspectives is the transcript of a recent panel discussion of the Diallo case held at Albany Law School, which included several key players involved with the trial. Following is an excerpt of a memorandum of law filed in behalf of Regional New Network (RNN), a news company which sought to broadcast the trial proceedings. Relying upon principles of state constitutional law, RNN posited the preclusion of trial-broadcasting violates the New York State Constitution. Concluding Perspectives is the reprinted opinion of Justice Joseph C. …

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