Book ReviewsFraming American Divorce: From the Revolutionary Generation to the Victorians. By Norma  Basch. Berkeley: University of California Press, 1999.A Nationality of Her Own: Women, Marriage, and the Law of Citizenship. By Candice Lewis  Bredbenner. Berkeley: University of California Press, 1998.Public Vows: A History of Marriage and the Nation. By Nancy F.  Cott. Cambridge, Mass.: Harvard University Press, 2000.Man and Wife in America: A History. By Hendrik  Hartog. Cambridge, Mass.: Harvard University Press, 2000.No Constitutional Right to Be Ladies: Women and the Obligations of Citizenship. By Linda K.  Kerber. New York: Hill & Wang, 1998.

Janitors, Street Vendors, and Activists: The Lives of Mexican Immigrants in Silicon Valley by Christian Zlolniski Berkeley, CA, USA: University of California Press, 2006 ISBN 0520246438, 249 pp.The Archaeology of Xenitia: Greek Immigration and Material Culture Ed. by Kostis Kourelis Athens: Gennadius Library, 2008 ISBN 978-960-86960-6-8, 104 pp. Transit Migration: The Missing Link between Emigration and Settlement by Aspasia Papadopoulou-Kourkoula New York: Palgrave Macmillan, 2008 ISBN 0-230-55533-0, 177 pp.How Professors Think: Inside The Curious World of Academic Judgment, 1st Edition by Michele Lamont Cambridge, MA: Harvard University Press, 2009 ISBN: 978-0674032668, 336 pp.

Download Full-text

The History of the Province of New York, by William Smith, JrThe History of the Province of New York, by William Smith, Jr. Edited by Michael Kammen. The Belknap Press: Harvard University Press, Cambridge, 1972. 2 vols. 366 pp. and 331 pp.

Canadian Journal of History ◽

10.3138/cjh.8.1.86 ◽

1973 ◽

Vol 8 (1) ◽

pp. 86-87

Author(s):

Julian Gwyn

Keyword(s):

New York ◽

Harvard University ◽

History Of

Download Full-text

The rights of the defendant and public interest in proving insanity under the law of New York

Sravnitel noe konstitucionnoe obozrenie ◽

10.21128/1812-7126-2021-3-108-124 ◽

2021 ◽

Vol 30 (3) ◽

pp. 108-124

Author(s):

Aleksey Grin'ko

Keyword(s):

New York ◽

Law Enforcement ◽

Public Interest ◽

Due Process ◽

Burden Of Proof ◽

Public And Private ◽

Whole Process ◽

History Of ◽

The Law ◽

Legislative Changes

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.

Download Full-text