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Articles 1 - 30 of 73
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Limits Of The Inevitable Discovery Doctrine In United States V. Young: The Intersection Of Private Security Guards, Hotel Guests, And The Fourth Amendment, Lauren Young Epstein
Limits Of The Inevitable Discovery Doctrine In United States V. Young: The Intersection Of Private Security Guards, Hotel Guests, And The Fourth Amendment, Lauren Young Epstein
Golden Gate University Law Review
This Note analyzes the Young court’s opinion and the potential consequences of the majority’s cursory rejection of the government’s inevitable discovery argument. This Note also reconciles the differing applications of the inevitable discovery doctrine by the Young majority and dissent and highlights the speculative nature of employing the inevitable discovery doctrine based on the facts of Young. Part I of this Note presents the background of the case and the historical development of Fourth Amendment jurisprudence, focusing on the inevitable discovery doctrine as articulated by the Supreme Court in Nix v. Williams. Part II outlines the Young decision and analyzes …
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Golden Gate University Law Review
Part I of this comment explains the attorney-client privilege and the waiver doctrine and demonstrates the important role the privilege plays in our legal system. It shows why, according to the DOJ charging policy, waiver of the privilege is often needed during corporate investigations. It also addresses how the charging policy erodes the privilege in the corporate context, thereby creating governance problems for corporations. Part II provides legal definitions and standards for coerced waivers to show that the choice corporations must make between waiving the privilege or increasing their risk of indictment does not meet any legal test for coercion. …
Family Ties Or Criminal Contacts: A Case For The Appointment Of Counsel In Civil Gang Injunction Proceedings That Affect Family Relationships, Alexander Jones
Family Ties Or Criminal Contacts: A Case For The Appointment Of Counsel In Civil Gang Injunction Proceedings That Affect Family Relationships, Alexander Jones
Golden Gate University Law Review
This comment argues that when an individual is targeted by a civil gang injunction that interferes with that individual's family relationships, due process requires the appointment of counsel for that individual. This comment does not argue that civil gang injunctions should be prohibited, or even that civil gang injunctions should not be able to enjoin family members from seeing each other in public. Part I discusses the problem of gangs and how civil gang injunctions have emerged to combat them. Part II explores factors considered for the appointment of counsel in civil cases and why family relationships put a personal …
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
Golden Gate University Law Review
Whether reversed, affirmed, vacated, or remanded, a review of the interaction between the two courts over twenty-two cases reveals several fundamental differences between the two courts on key issues. This Comment examines these differences by exploring twenty of those decisions and how they illustrate the relationship between the Ninth Circuit and Supreme Court. Part I examines the decisions that arose from the Supreme Court's review of Ninth Circuit decisions. Part II ties these decisions and conclusions into a larger motif emerging between the Ninth Circuit and Supreme Court, and Part III ultimately concludes that the future is likely to continue …
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Golden Gate University Law Review
The events of 9-11 presented western democracies with a challenge and a test. The challenge: respond to terrorism either by military or diplomatic means (such as criminal apprehension and prosecution) to address national security needs and to protect civilian populations, infrastructure, and commerce. The test: meet the terrorist and national security challenges while simultaneously respecting international law, human rights, domestic constitutionalism, rule of law, and individual rights and liberties of both citizens and non-citizens. Unfortunately, the report card on both the challenge and test reveal a mixed record, especially in the United States. This Article examines regime responses to international …
The Servant Of All: Humility, Humanity, And Judicial Diversity, Michael Nava
The Servant Of All: Humility, Humanity, And Judicial Diversity, Michael Nava
Golden Gate University Law Review
This article discusses how judicial diversity might increase qualities of humility and humanity on the bench. I close this section with two examples, the first involving two United States Supreme Court justices and the second a judge on the San Francisco Superior Court.
Police Use Of Tasers: The Truth Is "Shocking", Elizabeth Seals
Police Use Of Tasers: The Truth Is "Shocking", Elizabeth Seals
Golden Gate University Law Review
This Comment proposes that California adopt legislation to regulate law-enforcement taser use. Part I introduces the history of tasers and their current use in law enforcement. Part II.A explains the need for legislation in California, supported by the documented deaths and health risks associated with taser use, and the widespread concern about police use among various private and governmental organizations. Part II.B identifies the successful taser legislation of other states, while Part II.C discusses an unsuccessful attempt at taser legislation in California. Finally, Part II.D introduces a model statute that California legislators should adopt, which should include training and reporting …
Turning Troubled Teens Into Career Criminals: Can California Reform The System To Rehabilitate Its Youth Offenders?, Anna L. Benvenue
Turning Troubled Teens Into Career Criminals: Can California Reform The System To Rehabilitate Its Youth Offenders?, Anna L. Benvenue
Golden Gate University Law Review
This Comment proposes a statute mandating institutional reform of California's juvenile system, a necessary legislative step toward enabling the CY A to fulfill its statutory mission and judicial mandate. Changes originally proposed in California S.B. 609 are the first steps on the way to making rehabilitation a reality in the CYA. The approaches found in that bill, along with those found in other legislation, will enable the CYA to comply with its legislative mandate and with the Farrell consent decree.
A Crime Victim's Right To Be "Reasonably Heard": Kenna V. United States District Court, Michael P. Vidmar
A Crime Victim's Right To Be "Reasonably Heard": Kenna V. United States District Court, Michael P. Vidmar
Golden Gate University Law Review
In Kenna v. United States District Court, the Ninth Circuit held that under the Crime Victim's Rights Act ("CYRA"), a crime victim's right to be "reasonably heard" during sentencing was not limited to written impact statements, but included the right to allocute at any public proceeding. This was an issue of first impression in the Ninth Circuit. "No court of appeals had addressed the scope of this particular CVRA right." Two district courts had considered this issue and had reached contrary decisions. The Ninth Circuit agreed with the United States District Court for the District of Utah that a plausible …
Voir Dire Racial Discrimination Under A "Comparative Juror Analysis" In Kesser V. Cambra, Andje Morovich
Voir Dire Racial Discrimination Under A "Comparative Juror Analysis" In Kesser V. Cambra, Andje Morovich
Golden Gate University Law Review
In Kesser v. Cambra, the en banc Ninth Circuit panel held that a California State Prosecutor's justifications for peremptory challenges during jury voir dire were pretexts for purposeful discrimination. The Ninth Circuit concluded that the California Court of Appeal failed to apply the proper Supreme Court test under Batson v. Kentucky to determine whether the prosecutor's nonracial motives were pretextual. Applying a "comparative juror analysis" (comparing the characteristics of a stricken juror with an impaneled juror), the Ninth Circuit majority held that the California Court of Appeal improperly relied solely on the prosecutor's own self-serving testimony as to his race-neutral …
Violence In The Courts: The Ninth Circuit's Attempt To Grapple With And Pin Down What Is A "Crime Of Violence" In United States V. Serna, Daniel S. Cho
Golden Gate University Law Review
This Note examines the limitations of the strict categorical approach; the method by which sentencing courts and courts of review determine whether an offense is a crime of violence for sentence enhancement purposes. Part I of this Note examines the "crime of violence" sentence enhancement under the Federal Sentencing Guidelines ("Guidelines"). Part II examines the Ninth Circuit's analysis of what constitutes a crime of violence in United States v. Serna. Part III proposes that the types of sources available to sentencing courts when analyzing whether an offense is a violent crime should be expanded based on Justice O'Connor's dissenting opinion …
United States V. Howard: Refocusing Probable Cause For Probationers And Parolees, Sean A. Kersten
United States V. Howard: Refocusing Probable Cause For Probationers And Parolees, Sean A. Kersten
Golden Gate University Law Review
This Note argues that the Ninth Circuit rigidly followed circuit precedent to create and apply an incorrect standard to determine whether probable cause existed to believe that Howard resided at an unreported address. The court should have determined the reasonableness of the search by balancing Howard's reduced expectation of privacy as a probationer with legitimate governmental interests. Furthermore, the court's analysis served to protect the property at the unreported address rather than Howard's Fourth Amendment privacy rights. This decision is contrary to the principle articulated in Katz v. United States, which states the Fourth Amendment is intended to protect people, …
Career Criminals Targeted: The Verdict Is In, California's Three Strikes Law Proves Effective, Naomi Harlin Goodno
Career Criminals Targeted: The Verdict Is In, California's Three Strikes Law Proves Effective, Naomi Harlin Goodno
Golden Gate University Law Review
This Article reviews the impact of the Three Strikes law over the last decade and concludes that, based on data that have been collected and the manner in which the law has been applied, it has proved effective. The first section of this Article explores the history behind the legislation and the law itself. The second part of this Article sets forth three reasons why the Three Strikes law has proved effective: (1) The Three Strikes law is carrying out its goals by incapacitating career criminals and deterring crime. Since its enactment California's crime rate has dropped, and, for the …
Taking A Closer Look At Prosecutorial Misconduct: The Ninth Circuit's Materiality Analysis In Hayes V. Brown And Its Implications For Wrongful Convictions, Lynn Damiano
Golden Gate University Law Review
This note argues that the Ninth Circuit's meaningful factual analysis in applying the materiality standard led to its reversal of Mr. Hayes's conviction. The Court's willingness to look beyond the Government's assertions and to take into account every way in which the prosecutor's duplicitous conduct might have affected the jury's verdict allowed it to reach a different decision than prior reviewing courts. Moreover, the Court did so while adhering to established Supreme Court precedent and remaining within the confines of modern federal habeas review. The Ninth Circuit's analysis under this standard can help prevent wrongful convictions by deterring prosecutorial misconduct …
The Time Has Come For Law Enforcement Recordings Of Custodial Interviews, Start To Finish, Thomas P. Sullivan
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
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
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
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.
Innocence Lost ... And Found: An Introduction To The Faces Of Wrongful Conviction Symposium Issue, Daniel S. Medwed
Innocence Lost ... And Found: An Introduction To The Faces Of Wrongful Conviction Symposium Issue, Daniel S. Medwed
Golden Gate University Law Review
No abstract provided.
Dream Come True Or True Nightmare? The Effect Of Creating Educational Opportunity For Undocumented Youth, Susana Garcia
Dream Come True Or True Nightmare? The Effect Of Creating Educational Opportunity For Undocumented Youth, Susana Garcia
Golden Gate University Law Review
This Comment analyzes the Development Relief and Education for Alien Minors ("DREAM") Act, which is proposed legislation that provides undocumented immigrant youth an opportunity to achieve higher education and legal status. Part I of this Comment describes the legislative history, specific provisions, and need for the DREAM Act. Part II demonstrates how state laws are insufficient to overcome some of the barriers that undocumented youth face in attempting to achieve higher education, and how the DREAM Act will help overcome those barriers. Part III of this Comment recommends that Congress should seriously consider the Convention on the Rights of the …
An Unreasonable Online Search: How A Sheriffs Webcams Strengthened Fourth Amendment Privacy Rights Of Pretrial Detainees, Ian Wood
Golden Gate University Law Review
This Note will discuss how courts approach pretrial detainees' claims of punishment, exploring both Fourteenth Amendment Due Process claims and privacy rights under the Fourth Amendment. It will go on to discuss Demery's implications for Fourth Amendment privacy rights of pretrial detainees. Part I explores the protections pretrial detainees are afforded under the Fourteenth Amendment Due Process Clause." Part l.A discusses the general differences between pretrial detainees and convicted prisoners. Part I.B considers two Supreme Court cases - Bell v. Wolfish and Block v. Rutherford - that address the standards used in evaluating punishment claims in a pretrial detention context …
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Golden Gate University Law Review
This Note contends that a dog bite lasting up to a minute is excessive force under these circumstances and violated Miller's Fourth Amendment right against unreasonable seizures. Part I of this Note provides a general synthesis of current Fourth Amendment seizure law as it applies to using police dogs. Part II discusses the facts of Miller and the court's application of current case law to those facts. Finally, Part III argues that the court failed to properly apply existing Fourth Amendment seizure law to the facts in Miller, and therefore, the force used was unreasonable.
A New Story Of David And Goliath: The Alien Tort Claims Act Gives Victims Of Environmental Injustice In The Developing World A Viable Claim Against Multinational Corporations, Pauline Abadie
Golden Gate University Law Review
Part I of this Comment provides a general background highlighting the tentacular role that multinational corporations play in our "globalized" world. Part I also stresses the link between extractive industries, environmental destruction and human rights violations, and uses three cases recently brought in U.S. federal courts against multinational corporations to illustrate such linkages. Part II provides general background information regarding the ATCA, its application and circumstances of its passage. Most important, Part II discusses the general opacity surrounding the birth of the ATCA and concludes that such nebulous origins contributed to the confusion practitioners meet today in its application. Part …
Housing Our Criminals: Finding Housing For The Ex-Offender In The Twenty-First Century, Heidi Lee Cain
Housing Our Criminals: Finding Housing For The Ex-Offender In The Twenty-First Century, Heidi Lee Cain
Golden Gate University Law Review
This Comment examines the United States Supreme Court's statement in The Department of Housing and Urban Development v. Rucker that a strict liability clause would be enforceable in private leases. The Court accordingly infers that ex-offenders and suspected offenders would encounter obstacles in their attempt to receive and maintain housing leases, both public and private. Part II discusses the "One Strike and You're Out" housing act and the Court's decision in Rucker. The Court upheld the federally mandated public housing strict liability clause in part because the tenant would be treated the same in a private lease. This Comment thus …
The "Spirit" Of The Three Strikes Law: From The Romero Myth To The Hopeful Implications Of Andrade, Rebecca Gross
The "Spirit" Of The Three Strikes Law: From The Romero Myth To The Hopeful Implications Of Andrade, Rebecca Gross
Golden Gate University Law Review
We watch enthralled as television news programs sensationalize some of the saddest moments of our reality. We are shocked by the violence and brutality of those who prey on the innocent and vulnerable. We become both enraged and frightened as we realize that there are people among us who have no regard for human life. In the wake of tragedy, we furiously search for answers, we seek ways to avoid suffering the same pain in the future and, often, we sacrifice the rights of many, believing that such a sacrifice is necessary and justified. A prime example of this reaction …
Unconstitutional Exploitation Of Delegated Authority: How To Deter Prosecutors From Using "Substantial Assistance" To Defeat The Intent Of Federal Sentencing Laws, Adriano Hrvatin
Golden Gate University Law Review
This Comment addresses whether the intent of the federal sentencing system is defeated when prosecutors reward high-level drug offenders with lenient sentences in exchange for testimony against less culpable co-conspirators. This Comment argues that prosecutors violate separation-of-powers principles when they move for downward departures on behalf of kingpins who provide substantial assistance in a case against less culpable co-defendants because Congress did not authorize such an exercise of prosecutorial discretion. In such instances where the intent of Congress is defeated, the prosecutor is essentially making law and thereby encroaching upon the law-making function of Congress. To cure this constitutional abuse …
United States V. Ruiz: Are Plea Agreements Conditioned On Brady Waivers Unconstitutional?, Shane Cahill
United States V. Ruiz: Are Plea Agreements Conditioned On Brady Waivers Unconstitutional?, Shane Cahill
Golden Gate University Law Review
In United States u. Ruiz, the Ninth Circuit ruled that such waivers are unconstitutional, violating the principle that defendants in criminal cases must knowingly and voluntarily plead guilty for the plea to be constitutionally valid. The purpose of this article is to discuss the law leading up to the Ninth Circuit's ruling in Ruiz, to examine the court's ruling itself, and to analyze the impact this decision could have on plea bargaining, an integral part of the criminal justice system. In Part II, this Note discusses Ruiz's facts and procedural history. Part III, section A outlines the prosecution's duty to …
Domestically Violent Attorneys: Resuscitating And Transforming A Dusty, Old Punitive Approach To Attorney Discipline Into A Viable Prescription For Rehabilitation, Ignascio G. Camarena Ii
Domestically Violent Attorneys: Resuscitating And Transforming A Dusty, Old Punitive Approach To Attorney Discipline Into A Viable Prescription For Rehabilitation, Ignascio G. Camarena Ii
Golden Gate University Law Review
This Comment will discuss (1) the prevalence of domestic violence in America, (2) the governmental responses to domestic violence, and (3) preserving the integrity of the legal profession. This Comment will then focus on how disciplinary courts have treated domestically violent attorneys. Part III examines the murky judicial approach to disciplining domestically violent attorneys, and Part IV criticizes that approach. Finally, Part V sets forth a proposal to cure the ill effects of the current approach, by injecting a greater degree of uniformity, ease, predictability and certainty into the disciplinary process.
From Playpens To Prisons: What The Gang Violence And Juvenile Crime Prevention Act Of 1998 Does To California's Juvenile Justice System And Reasons To Repeal It, Sara Raymond
Golden Gate University Law Review
This comment will explore the most significant changes that the Gang Violence and Juvenile Crime Prevention Act (GVJCPA) made to California's juvenile justice system. It will also discuss and propose alternative methods to curb juvenile crime. Part II will examine the juvenile justice system, including the context in which it was created, and juvenile crime across the country. It will then discuss how courts, legislatures, and local governments have confronted the changing nature of juvenile crime, focusing on efforts in California. Part II will also include an introduction to the GVJCPA. Part III will discuss the most important changes that …
California's Incarcerated Mothers: Legal Roadblocks To Reunification, Heidi Rosenberg
California's Incarcerated Mothers: Legal Roadblocks To Reunification, Heidi Rosenberg
Golden Gate University Law Review
This comment will provide statistical information regarding the increase in the number of mothers incarcerated in the United States. Part II will then use California as an example, providing statistical information and a detailed account of the judicial proceedings that an incarcerated mother must adhere to in order to reunite with her children. It will then provide a case example, using In re Precious J. v. Contra Costa County Department of Social Services, which demonstrates how the proceedings actually work.18 In re Precious is a 1996 California case that chronicles the difficulties imposed on a mother and child when a …