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    You are at:Home»Faculty»2 New York Judges Ordered Defendants to Get Vaccinated. Can They Do That?

    2 New York Judges Ordered Defendants to Get Vaccinated. Can They Do That?

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    By on August 23, 2021 Faculty, In the News

    Professors Cheryl Bader and Bruce Green were quoted in a New York Times article discussing the legality of judges ordering defendants to get vaccinated against Covid-19. While Professor Bader expressed skepticism about the logic of the order, Professor Green commended the judges’ creativity in protecting New York’s communities. 

    The defendant was charged with a number of minor crimes, including drug possession and shoplifting. He was prepared to plead guilty, and prosecutors agreed. But a Bronx judge approving the deal added his own unusual condition.

    The defendant had to get a Covid-19 vaccine.

    A week later, a Manhattan judge made the same order, this time of a woman seeking bail before a trial.

    …

    A lawyer for Ms. Pimental, Ian Marcus Amelkin, said that she had told Judge Rakoff that she did not object to being vaccinated. But Cheryl Bader, a professor at the Fordham University School of Law, said that while she admired Judge Rakoff’s creativity, there was a “potential hole in the underlying logic.”

    Ms. Bader said it was the premise of the law that Judge Rakoff was tasked with evaluating a defendant’s danger to the community, but not in a general sense — in connection with the criminal charges in question. And the danger of spreading the virus was not clearly connected to the [crime in question].

    … 

    But Bruce Green, a professor at Fordham Law and a former federal prosecutor, said that he did not see Judge Zimmerman’s order as an “incredible intrusion into someone’s bodily integrity.”

    “It’s actually doing the defendant a favor because it’s keeping them safe and it’s doing the community a favor by making sure this person’s less likely to transmit the virus,” he said.

    Read the full article.

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