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Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto
Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto
Golden Gate University Law Review
Part I of this comment discusses the Supreme Court cases that led to the passage of the Realignment Act, along with a review of some of the major reform changes. Part I also highlights the gaps in creating a fair and consistent process across counties for managing the effects of Realignment. Part II discusses split sentencing and some of the issues it was designed to address as well as investigating how judges have reacted to and used split sentencing. Part III introduces the RNR (Risk Needs Responsivity) model of risk assessments and argues why it should be a mandatory aspect …
Lack Of “Purposefulness” & “Flagrancy” Or Simply Turning A Blind Eye To The Current State Of Affairs?: The Need For Statistical Data, Renei Caballes
Lack Of “Purposefulness” & “Flagrancy” Or Simply Turning A Blind Eye To The Current State Of Affairs?: The Need For Statistical Data, Renei Caballes
Golden Gate University Law Review
This Comment argues that the Court misapplied the attenuation doctrine in Strieff, specifically in its application and interpretation of the language “purposeful and flagrant” and explores the possible implications of this decision. First, Section I explains the Fourth Amendment and the basic principles of law regarding searches and seizures, including the exclusionary rule and attenuation doctrine. Then, Section II examines the circuit court split prior to Utah v. Strieff and how each circuit interpreted the language “purposeful and flagrant.” Finally, Section III analyzes the issues with the Supreme Court’s interpretation of “purposeful and flagrant” in Utah v. Strieff and …
A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson
A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson
Golden Gate University Law Review
This Note begins with Part I section (A), describing the administrative rule and factual background, leading up to the suit in Wilson v. Lynch. Part I section (B) explains the arguments made at the U.S. District Court in Nevada and how the case progressed from the district court to the Ninth Circuit Court of Appeals. Then, Part I section (C) analyzes the Ninth Circuit’s application of the two-step test for Second Amendment challenges established in Chovan.
After evaluating the application of the two-step test in Wilson v. Lynch, Part II section (A) reviews the history of cannabis …
Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett
Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett
Golden Gate University Law Review
The controversial debate—whether minors understand the complexity of Miranda rights—has prevented lawmakers from producing laws that assist minors in comprehending these warnings. As a protected class, minors should be provided with extra counseling if they are faced with criminal charges in order to save judicial resources and help keep innocent minors out of the criminal justice system. A law mandating that minors consult with a pro tem attorney prior to questioning could reduce the number of cases awaiting adjudication, relieve the court of having to investigate whether the minor was coerced, threatened, intimidated, tricked, or falsely promised, and would create …
Introduction, Sidney R. Thomas
Introduction, Sidney R. Thomas
Golden Gate University Law Review
No abstract provided.