Faculty Notes

Prof. Alafair Burke Discusses Allen Charge to Dewey Jury for Law360 Story

Alafair S. Burke, Professor of Law and Hofstra Research Fellow

Dewey Defense Places Trust In Jury With Extra Deliberations
By Andrew Strickler
Oct. 7, 2015


The defense team for former Dewey & LeBoeuf LLP leaders asked a deadlocked jury Wednesday to continue to deliberate — a rare and risky move for most criminal defendants and a clear sign of confidence that the jury is on their side, experts said.

Following acquittals on a handful of charges for Dewey Chairman Steven Davis, Executive Director Stephen DiCarmine and Chief Financial Officer Joel Sanders, lawyers for all three defendants asked New York Supreme Court Judge Robert Stolz to give the jury an Allen charge and urge the jurors to continue to grapple with some of the most serious allegations, including grand larceny and conspiracy.

“The fact they they thought continued deliberations would help them indicates they feel that if the jury felt it could make a decision, they would acquit,” said Alafair Burke, a criminal law professor at Hofstra University’s Maurice A. Deane School of Law. “If they’re willing to ask that the jury continue to deliberate, they’re feeling very good about this jury.”

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