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Golden Gate University School of Law

Golden Gate University Law Review

Law

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The Time Has Come For Law Enforcement Recordings Of Custodial Interviews, Start To Finish, Thomas P. Sullivan Oct 2010

The Time Has Come For Law Enforcement Recordings Of Custodial Interviews, Start To Finish, Thomas P. Sullivan

Golden Gate University Law Review

Throughout the United States, more and more law enforcement officials are coming to realize the tremendous benefits they receive when the questioning of suspects in police facilities is recorded from beginning to end, starting with the Miranda warnings and continuing until the interview is completely finished. Recordings put an end to a host of problems for detectives: having to scribble notes during interviews and later type reports; straining on the witness stand weeks and months later, trying to describe what happened behind closed doors at the station; becoming embroiled in courtroom disputes about what was said and done during custodial …


Exoneration And Wrongful Condemnations: Expanding The Zone Of Perceived Injustice In Death Penalty Cases, Craig Haney Oct 2010

Exoneration And Wrongful Condemnations: Expanding The Zone Of Perceived Injustice In Death Penalty Cases, Craig Haney

Golden Gate University Law Review

In this article I argue that despite the very serious nature and surprisingly large number of these kinds of exonerations, revelations about factually innocent death-sentenced prisoners represent only the most dramatic, visible tip of a much larger problem that is submerged throughout our nation's system of death sentencing. That is, many of the very same flaws and factors that have given rise to these highly publicized wrongful convictions also produce a more common kind of miscarriage of justice in capital cases. I refer to death sentences that are meted out to defendants who, although they may be factually guilty of …


Beyond Unreliable: How Snitches Contribute To Wrongful Convictions, Alexandra Natapoff Oct 2010

Beyond Unreliable: How Snitches Contribute To Wrongful Convictions, Alexandra Natapoff

Golden Gate University Law Review

This Comment briefly surveys in Part I some of the data on snitch-generated wrongful convictions. In Part II, it describes in more detail the institutional relationships among snitches, police, and prosecutors that make snitch falsehoods so pervasive and difficult to discern using the traditional tools of the adversarial process. Part III concludes with a litigation suggestion for a judicial check on the use of informant witnesses, namely, a Daubert-style pre-trial reliability hearing. The Appendix in Part IV contains a sample motion requesting and justifying such a hearing.


Anatomy Of A Miscarriage Of Justice: The Wrongful Conviction Of Peter J. Rose, Susan Rutberg Oct 2010

Anatomy Of A Miscarriage Of Justice: The Wrongful Conviction Of Peter J. Rose, Susan Rutberg

Golden Gate University Law Review

This Article examines one case in which students and lawyers from Golden Gate University's Innocence Project won the exoneration of Peter J. Rose, a man who served nearly ten years of a twenty-seven year State Prison sentence for the rape and kidnap of a child before DNA proved his innocence. The analysis of this case focuses on how the conduct of two police detectives, the prosecutor and the defense attorney contributed to this miscarriage of justice.


Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros Sep 2010

Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros

Golden Gate University Law Review

In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …


Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker Aug 2010

Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker

Golden Gate University Law Review

No abstract provided.