Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 91 - 111 of 111

Full-Text Articles in Law

Will Rape Ever Be A Crime Of The Past? A Feminist View Of Rape Law Reforms, Kathleen Quenneville Aug 2010

Will Rape Ever Be A Crime Of The Past? A Feminist View Of Rape Law Reforms, Kathleen Quenneville

Golden Gate University Law Review

No abstract provided.


The Single Mother As Criminal Defendant: A Practitioner's Guide To The Consequences Of Incarceration, Patricia Cummings Aug 2010

The Single Mother As Criminal Defendant: A Practitioner's Guide To The Consequences Of Incarceration, Patricia Cummings

Golden Gate University Law Review

No abstract provided.


Criminal Law & Procedure, Geoffrey Beaty Aug 2010

Criminal Law & Procedure, Geoffrey Beaty

Golden Gate University Law Review

No abstract provided.


People V. Wingo And In Re. Rodriguez: Judicial Control Of Indeterminate Sentencing, Eugene E. White Aug 2010

People V. Wingo And In Re. Rodriguez: Judicial Control Of Indeterminate Sentencing, Eugene E. White

Golden Gate University Law Review

No abstract provided.


Murguia V. Municipal Court: California Recognizes The Defense Of Discriminatory Prosecution, Sheri L. Perlman Aug 2010

Murguia V. Municipal Court: California Recognizes The Defense Of Discriminatory Prosecution, Sheri L. Perlman

Golden Gate University Law Review

No abstract provided.


People V. Ruthford: The Prosecution's Duty To Disclose, Kei-On Chan Aug 2010

People V. Ruthford: The Prosecution's Duty To Disclose, Kei-On Chan

Golden Gate University Law Review

No abstract provided.


Criminal Law & Procedure, Peter H. Wishart Aug 2010

Criminal Law & Procedure, Peter H. Wishart

Golden Gate University Law Review

No abstract provided.


Criminal Law & Procedure, Pamela J. Jester Aug 2010

Criminal Law & Procedure, Pamela J. Jester

Golden Gate University Law Review

No abstract provided.


People V. Orin: Penal Code Section 1385 Dismissals And The Effectuation Of Plea Bargains, Robert N. Weaver Aug 2010

People V. Orin: Penal Code Section 1385 Dismissals And The Effectuation Of Plea Bargains, Robert N. Weaver

Golden Gate University Law Review

No abstract provided.


Probable Cause For Pretrial Detention: Does Gerstein V. Pugh Adequately Insure Its Existence?, Stephen D. Winter Aug 2010

Probable Cause For Pretrial Detention: Does Gerstein V. Pugh Adequately Insure Its Existence?, Stephen D. Winter

Golden Gate University Law Review

No abstract provided.


Who's Watching The Watchman? The Regulation, Or Non-Regulation, Of America's Largest Law Enforcement Institution, The Private Police, Gloria G. Dralla Aug 2010

Who's Watching The Watchman? The Regulation, Or Non-Regulation, Of America's Largest Law Enforcement Institution, The Private Police, Gloria G. Dralla

Golden Gate University Law Review

The first two sections of this article deal with the historical development of controls over public police in England and the United States. It is the thesis of the first section that a centralized police system was adopted in England with considerable reluctance, despite an obvious need for the replacement of the existing methods for dealing with crime and disorder. This reluctance was overcome only by an agreement to impose strict controls and limitations on police power. Our discussion of public police in the United States concludes that Americans, who were perhaps even more hostile than the English to the …


The Public Inebriate And The Police In California: The Perils Of Piece-Meal Reform, Peter Goodman, Richard Idell Aug 2010

The Public Inebriate And The Police In California: The Perils Of Piece-Meal Reform, Peter Goodman, Richard Idell

Golden Gate University Law Review

No abstract provided.


Winters V. Cook, 489 F.2d 174 (1973) - Authority Of Defense Attorney To Make A Binding Waiver Of The Client's Rights, Bertrand Leblanc Ii, Virginia Mcconnell Aug 2010

Winters V. Cook, 489 F.2d 174 (1973) - Authority Of Defense Attorney To Make A Binding Waiver Of The Client's Rights, Bertrand Leblanc Ii, Virginia Mcconnell

Golden Gate University Law Review

No abstract provided.


Post Conviction Legal Aid In County Jails: A Model Law Student Counseling Program, Peter Van Name Esser Aug 2010

Post Conviction Legal Aid In County Jails: A Model Law Student Counseling Program, Peter Van Name Esser

Golden Gate University Law Review

Authors: Peter Van Name Esser, et al.


Crimes And Criminal Due Process Aug 2010

Crimes And Criminal Due Process

Golden Gate University Law Review

No abstract provided.


Holding The "Responsible Corporate Officer" Responsible: Addressing The Need For Expansion Of Criminal Liability For Corporate Environmental Violators, Nancy Mullikin Aug 2010

Holding The "Responsible Corporate Officer" Responsible: Addressing The Need For Expansion Of Criminal Liability For Corporate Environmental Violators, Nancy Mullikin

Golden Gate University Environmental Law Journal

This comment argues that the responsible corporate officer (RCO) doctrine, as written into the CWA and the CAA, was intended to impose an affirmative duty on corporate officers based on their position and should be interpreted to expand criminal liability in the prosecution of substantive corporate environmental crimes. This comment also argues that the courts should expand criminal liability based on the RCO doctrine instead of limiting its application. Part II provides an overview of criminal prosecution of environmental crimes: its history, procedures, and purposes, in order to provide a context for understanding how the RCO doctrine appropriately expands criminal …


Justice Carter’S Role In The Caryl Chessman Cases: Due Process Matters, Susan Rutberg Jan 2010

Justice Carter’S Role In The Caryl Chessman Cases: Due Process Matters, Susan Rutberg

Publications

No abstract provided.


Justice Carter’S Dissent In People V. Gonzales: Protecting Against The “Tyranny Of Totalitarianism”, Rachel A. Van Cleave Jan 2010

Justice Carter’S Dissent In People V. Gonzales: Protecting Against The “Tyranny Of Totalitarianism”, Rachel A. Van Cleave

Publications

People v. Gonzales involved an issue that continues to divide lawyers, judges, scholars, politicians, as well as the general public: how best to protect individuals from law enforcement conduct that violates constitutional protections? This question is particularly controversial in the context of a criminal case, since the exclusion of illegally obtained evidence often results in the alleged criminal going free. In Gonzales, the California Supreme Court was asked to adopt the exclusionary rule as a remedy for violations of constitutional rights. A majority of California Supreme Court justices answered this in the negative. Justice Carter disagreed, and his analysis provided …


Justice Carter’S Dissent In People V. Crooker: An Early Step Towards Miranda Warnings And The Expansion Of The Fifth Amendment To Pre-Trial Confessions, Helen Y. Chang Jan 2010

Justice Carter’S Dissent In People V. Crooker: An Early Step Towards Miranda Warnings And The Expansion Of The Fifth Amendment To Pre-Trial Confessions, Helen Y. Chang

Publications

By the middle of the 20th century, police interrogation of criminal suspects had developed into a fine art designed to extract confessions. The use of the “third degree,” otherwise known as the infliction of physical or mental suffering, was not uncommon. “[T]he most frequently utilized interrogation techniques have involved mental and psychological stratagems—trickery, deceit, deception, cajolery, subterfuge, chicanery, wheedling, false pretenses of sympathy, and various other artifices and ploys.” As the United States Supreme Court noted in its famous Miranda v. Arizona decision, this type of police interrogation involved “inherent compulsion,” was “inherently coercive,” “exact[ed] a heavy toll on individual …


The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin Jan 2010

The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin

Publications

Bangladesh earned her independence from Pakistan in 1971 after a bloody war that continued for nine months. By December 16 of 1971, the day Bangladesh declared victory, an estimated 30 million people died and 200,000 women reported sexual violence by the Pakistani Army and their Bengali accomplices. Known as one of the worst genocide in history, the systematic killing of Bengalis included a chilling attempt to exterminate the intellectuals from within Bangladeshi society. A published report claims that by 19 April, 1975 individuals were arrested for war crimes and 752 were convicted. After the assassination of the country’s first Prime …


From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy Jan 2010

From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy

Publications

Much of the current scholarship, as well as international policy studies focusing on civil conflicts and armed violence, has primarily construed women as victims and men as perpetrators of violence. Although this prevalent interpretation certainly reflects conventional wisdom and tells part of a true war story, the remainder, which has been very much less publicized and addressed, also perceives women as participants in violence and men occasionally as victims. This Article joins the chorus of scholars that have only recently begun to highlight the flaws of this common belief and conversely, describe female participation in conflict and armed violence, often …