Judge Weinfeld and the Adjudicatory Process: A Law Finder in an Age of Judicial Lawmakers, 50 New York University Law Review 980 (1975)
In his 25 years on the bench, Edward Weinfeld has attained a
nationwide reputation as an outstanding member of the federal
judiciary. Judge Weinfeld's reputation is based, in part, upon his
longstanding efforts to foster social justice and upon the new law
that those efforts have produced. As the other tributes will show,
the Judge's opinions have made much new law; very few other
district judges have been as innovative.
Judge Weinfeld has made his most important contributions in
the law of criminal procedure. Since the 1950's he has consistently
permitted criminal defendants to engage in broad pretrial discovery
so that "[a] trial with possible serious consequences to the defendant
and of importance to the public should not be treated 'as a
game of combat by surprise.' " In the 1960's he authored two significant
opinions prohibiting judicial participation in the pleabargaining
process. There have also been many other cases in
which the Judge has protected the procedural rights of criminal
defendants. He has held, for example, that testimony procured by
misleading statements on the part of the police cannot be admitted
at trial and that a grant of immunity from federal prosecution bars
any related state prosecution.
Date of Authorship for this Version
judges, criminal procedure, courts
Nelson, William E., "Judge Weinfeld and the Adjudicatory Process: A Law Finder in an Age of Judicial Lawmakers" (1975). Faculty Scholarship Series. Paper 4503.