Irving Kaufman - Cases

Cases

• Kaufman is best remembered as the judge who presided over the espionage trial of Julius and Ethel Rosenberg and imposed their controversial death sentences. Roy Cohn, one of the prosecutors in the case, claimed in his autobiography that his influence led to Kaufman's being appointed to the case, and that Kaufman had imposed the death penalty on Cohn's personal advice. These claims have not been verified.

• Kaufman was the trial judge in the Irving Berlin et al. v. E.C. Publications, Inc.

• Kaufman presided over the jury trial in the federal government's conspiracy case against twenty-one of the Apalachin meeting delegates. The guilty verdicts of twenty of the men, and the stiff sentences Kaufman meted out, were later reversed and invalidated by the Court of Appeals.

• Kaufman presided over the deportation hearing of John Lennon and rejected the government's attempt to deport him from the United States to the United Kingdom based upon his having pleaded guilty in England to possession of hashish. After a widely publicized hearing, Kaufman found that Lennon had been singled out for deportation for political reasons, allowed him to remain in the United States on what some observers characterized as a technicality, and criticized what he called the "labyrinthine provisions of the Immigration and Naturalization Act."

• Judge Kaufman also wrote an opinion in the case of Filártiga v. Peña-Irala, 630 F.2d 876 (2d Cir. 1980). The case opened U.S. courts to foreigners who were tortured in other countries. The case has had a wide-ranging impact on human rights and the role of corporations and their foreign operations.

• Judge Kaufman wrote an opinion in the case of United States v. Freeman 357 F.2d 606 (2d Cir. 1966). The judgment over-turned the rigid M'Naghten standard for insanity defense and adopted the modern insanity defense described in Section 4.01 of Model Penal Code developed by the American Law Institute. The judgment embraced advances in psychiatry and emphatically rejected the M'Naghten test by stating that, "the outrage of a frightened Queen has for far too long caused us to forego the expert guidance that modern psychiatry is able to provide."

• Kaufman was the chief judge in the decision (Coniglio v. Highwood Services, 1974) that prevents Professional Football fans from gaining redress against the NFL's policy requiring them to purchase seats for meaningless exhibition games at regular-season prices in order to qualify for season tickets.