Law Commons^™

Criminal Law, Kristen L. Chesnut

Golden Gate University Law Review

No abstract provided.

Criminal Procedure, Shawn B. Jensen

Golden Gate University Law Review

When a jury becomes deadlocked and cannot reach a verdict for lack of unanimity, federal district courts often attempt to break the jury's deadlock by giving a supplemental instruction, usually called an "Allen charge," which urges the jurors to reconsider their views in order to attain a unanimous verdict. This article reviews the use of this type of supplemental instruction in the Ninth Circuit. Principally the article analyzes the approach previously taken by the Ninth Circuit Court of Appeals in upholding Allen charges. It then evaluates the impact of Lowenfield v. Phelps, the recent Supreme Court case addressing the subject. …

Criminal Law And Procedure, Veronica A. Franz Gundred, Richard A. Nebb

Golden Gate University Law Review

No abstract provided.

The Curtilage Of Oliver V. United States And United States V. Dunn: How Far Is Too Far?, Thomas E. Curran Iii

Golden Gate University Law Review

Oliver and Dunn present substantial difficulties to police and courts attempting to implement the rules of the cases in the field and courtrooms. An examination of the two cases reveals that no genuinely autonomous doctrine has been revived: applying the open fields "doctrine" of Oliver and Dunn involves virtually the same inquiries as the "reasonable expectation of privacy" test of Katz. Rather than providing a bright line rule that will efficiently dispose of fourth amendment problems, it is readily foreseeable that in addition to challenges under Katz, defendants will also routinely challenge residential searches under Oliver and Dunn. Because analysis …

Criminal Procedure, Jimmy L. Hom

Golden Gate University Law Review

No abstract provided.

Criminal Law And Procedure, Elisa R. Paisner, Michael S. Williams

Golden Gate University Law Review

No abstract provided.

Abolish Oral Argument?, Myron Moskovitz

Publications

No abstract provided.

Child Sexual Abuse In California: Legislative And Judicial Responses, Robert Mertens

Golden Gate University Law Review

This Comment focuses on recent and proposed changes in California law that have occurred as a result of our "discovering" that thousands of children in this state are sexually abused each year. The majority of laws enacted will undoubtedly benefit the children who come in contact with the courts. However, a well-developed body of legislative and common law has been forged over the past century in California and should not be improvidently discarded. Many of the evidentiary issues relating to child molestation cases have been addressed by both the legislature and the courts over the years. Perhaps the true test …

Summaries: Criminal Law & Procedure, Michelle T. Leighton

Golden Gate University Law Review

No abstract provided.

Criminal Law & Procedure, Samuel Santistevan, Douglas Buchanan

Golden Gate University Law Review

No abstract provided.

Electronic Monitoring Of Probationers: A Step Toward Big Brother?, Julie M. Houk

Golden Gate University Law Review

Recently, high technology has found an application in the area of probation. Although the probation technology does not parallel the intrusiveness of some of the previously mentioned electronic surveillance techniques, such an application of high technology may lead to greater intrusions on not only the privacy of persons convicted of crimes, but on society in general. This comment will discuss an existing probationer surveillance program in New Mexico, an analysis of electronic surveillance under the fourth amendment, post-conviction rights, and whether or not such a monitoring program is a valid condition of probation under federal and state statues.

Panel: Sentencing

Golden Gate University Law Review

Of all the decisions facing trial judges, those surrounding sentencing are the most difficult. Public opinion focuses on the sentencing of criminal defendants - particularly those defendants whose trials have received media attention - and public outrage results from what is perceived as a "light" sentence. Judges are called upon to be "tougher" on criminals, and women judges in particular are perceived as being too lenient. The NAWJ, in recognition of the difficulty faced by all judges in the area of sentencing, presented the panel on Sentencing to share and discuss viewpoints on this issue.

Criminal Law And Procedure, Louise Pierce Sabella, Ansel D. Kinney, Thomas M. Hostetler

Golden Gate University Law Review

No abstract provided.

Criminal Law And Procedure, Cheryl C. Rouse, William M. Audet, Grant D. Green, Robert F. Waggener

Golden Gate University Law Review

No abstract provided.

Specific Enforcement Of Broken Plea Bargains In California: People V. Calloway, Lawrence E. Butler

Golden Gate University Law Review

Since the California Supreme Court approved the practice of plea bargaining in People v. West, the courts have struggled with determining the proper remedy for a broken plea bargain. The most common remedy is to allow the defendant to withdraw his plea. Where a defendant agrees to plead guilty in exchange for an agreed upon disposition of the case, plea withdrawal adequately remedies a resulting broken agreement by returning the defendant to the pre-plea bargained position.

In certain cases, however, specific enforcement of the plea bargain may be allowed as an alternative remedy and is most likely to be available …

Expanding The Automobile Search Incident To Arrest: New York V. Belton, Patrick Coughlin

Golden Gate University Law Review

This Note will examine the basis for the holding in Belton, consider the changes in existing search incident to arrest law and the effects that it will have on other areas of the law.

Criminal Law & Procedure, Patricia A. Seitas, C. Elliot Kessler, Steven Booska, Mark F. Liscio

Golden Gate University Law Review

No abstract provided.

Homicide In Response To A Threat Of Rape: A Theoretical Examination Of The Rule Of Justification, Judith Fabricant

Golden Gate University Law Review

This paper will attempt to show the criminal law has permitted homicide when committed in order to prevent crimes which threaten harm so severe and permanent as to be incapable of repair through subsequent legal proceedings. Rape has consistently been regarded as such a crime. The paper will identify the interests which rape has been seen to threaten as those interests which derive their significance from a social system in which women are the property of men. It will argue that, to the extent changing social values have reduced the significance of those interests, they are no longer adequate to …

The Crime Of Criminal Sentencing Based On Rehabilitation, Louis R. Lopez

Golden Gate University Law Review

A lively debate began in the late 1970's on the topic of criminal sentencing. A major attack was launched on the indeterminate sentence and its companion concepts of probation and parole. Changes in state law on indeterminate sentencing were made but some writers rose to defend the indeterminate sentence and its justification - the rehabilitative theory of punishment. It is not clear how long and intense the struggle will be before the rehabilitative (a.k.a. reform, treatment) theory is put to rest or at least put in proper perspective; it should exist not as a basis for a sentencing plan but …

Criminal Law And Procedure, Patricia A. Seitas, Robinson R. Ng, Jill A. Schwendinger, Bonita L. Marmor

Golden Gate University Law Review

No abstract provided.

United States Objection To The International Criminal Court: A Paradox Of "Operation Enduring Freedom", Remigius Chibueze

Annual Survey of International & Comparative Law

There has been tremendous success in the signing and ratification of the ICC Statute. To date, 139 countries have signed and 89 countries, encompassing countries from all regions of the globe, have ratified the statute, which took effect on July 1, 2002 after being ratified by more than 66 countries. While most countries declared their support for the ICC, the U.S. was not in favor of signing the statute and therefore voted against it. There is no doubt that the September 11, 2001 attacks on the United States were crimes against humanity as contained in the Rome Statute. Therefore, if …

New Developments In 2001 Chinese Criminal Procedure Law, Xia Jinwen

Annual Survey of International & Comparative Law

On March 17,1996, the 8th National People's Congress passed a new criminal procedure law during its 4th conference, based on an earlier code promulgated on January 1, 1980. In general, the new Criminal Procedure Code introduced significant developments in connection with the following aspects of the law: presumption of innocence, coercive measures, abolition of exemption from prosecution, criminal defenses, and the reformation of judicial proceedings.

Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun

Annual Survey of International & Comparative Law

The author delivered these remarks at the First International Workshop on Criminal Law Reform which was held in Istanbul, Turkey from October 20-24, 1999. The conference was sponsored by the Goethe Institute; Heinrich-Eoell-Stifling, Germany; University of Kansas School of Law; Marmara University School of Law; and Yeditepe University School of Law.

The Lockerbie Controversy: Tension Between The International Court Of Justice And The Security Council, Eric Zubel

Annual Survey of International & Comparative Law

Pan American Flight 103 exploded midair over Lockerbie, Scotland on December 21,1988. Investigations suggested that two Libyan nationals were to blame. When the U.N. Security Council imposed sanctions on the Libyan government in 1993 for its failure to cooperate with U.S. and U.K extradition requests, Libya turned to the International Court of Justice (ICJ) for help. Libya asked the ICJ to declare that Libya was not obliged to extradite its nationals to the United States or the United Kingdom and further asked the Court to enjoin the U.S. and the U.K from the use of force or threats against Libya. …

Northern Ireland's Criminal Trials Without Jury: The Diplock Experiment, Carol Daugherty Rasnic

Annual Survey of International & Comparative Law

Northern Ireland's principle of non-jury felony trials is an anomaly in Anglo-American jurisprudence. Indeed, it is unique among common law systems. One British legal scholar has referred to the jury trial as the "paradigm of all [criminal] trials." The exceptional situation in Northern Ireland has resulted from the ongoing "troubles" which, since the late 1960s, have been a prominent feature of life in this small segment of the United Kingdom. Eliminating the jury in trials dealing with terrorist charges was determined to be necessary in dealing with the mounting sectarian violence. Part I of this article summarizes the issue dividing …

Yakuza: The Warlords Of Japanese Organized Crime, Lt. Bruce A. Gragert

Annual Survey of International & Comparative Law

The power of the yakuza, Japan's legendary crime syndicates, reaches into all areas of Japan's economic life and politics. Composed of some 3,000 separate, tightly-knit gangs, with over 80,000 members, the yakuza survive despite Japan's 1992 Anti-gang law and other government measures. While the range of their traditional activities has been somewhat reduced, they have compensated by turning to more sophisticated types of crime and by expanding their operations abroad - mostly to Southeast Asia, parts of Latin America, and the U.S. Estimates of their annual income from criminal activities and their 25,000 legitimate "front" organizations run to as high …

The New Legal Status Of The Bulgarian Prosecutor's Office, Ekaterina Panayotova Trendafliova-Batchvarova

Annual Survey of International & Comparative Law

No abstract provided.

Criminal Law And Procedure, Lee R. Roper, John Douglas Moore, Paige L. Wickland, Charles Ferrera

Golden Gate University Law Review

No abstract provided.

The Ninth Circuit: No Place For Drug Offenders, Bill Ong Hing

Golden Gate University Law Review

No abstract provided.

Criminal Law & Procedure, James Detwiler

Golden Gate University Law Review

No abstract provided.