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Police Ignorance And (Un)Reasonable Fourth Amendment Exclusion, Nadia Banteka
Police Ignorance And (Un)Reasonable Fourth Amendment Exclusion, Nadia Banteka
McGeorge School of Law Scholarly Articles
The Fourth Amendment exclusion doctrine is as baffling as it is ubiquitous. Although courts rely on it every day to decide Fourth Amendment violations as well as defendants’ motions to suppress evidence obtained through these violations, virtually every aspect of the doctrine is a subject of fundamental disagreement and confusion. When defendants file motions to suppress unlawfully obtained evidence, the government often argues that even if a violation of the Fourth Amendment has transpired, the remedy of evidence suppression is barred because the police acted in “good faith,” meaning the officer reasonably, albeit mistakenly, believed the search or seizure was …
Expanding Statutes Of Limitations For Sex Crimes: Bad Public Policy, Michael Vitiello
Expanding Statutes Of Limitations For Sex Crimes: Bad Public Policy, Michael Vitiello
McGeorge School of Law Scholarly Articles
The Victims’ Rights Movement has been one of the most consequential political forces in the United States over the past fifty-plus years. It has scored major legislative victories across the country. Every state and the federal government have adopted major laws advanced by the movement. After years of expanding prison populations, many policymakers and scholars have begun to question the wisdom of many of the movement’s legislative victories.
Despite current pushback against the movement, the movement and members of the public are pushing for the elimination or dramatic extensions of statutes of limitations for sex offenses and child-sex offenses. Such …
Victim Blaming: When Is It Legally Appropriate?, Michael Vitiello
Victim Blaming: When Is It Legally Appropriate?, Michael Vitiello
McGeorge School of Law Scholarly Articles
Victim blaming: what person or justice system possessing a modicum of compassion could perpetuate harmful stereotypes and blame crime victims for what happened to them? In effect, this article explores that question. Rephrased, this article attempts to explain the focus on a victim's conduct when it is consistent with long-held principles of criminal law, with relevant comparisons made to tort law. Criminal law often makes a victim's conduct relevant to elements of a claim or defense. The topic is of special importance in an era of devastating attacks on social media and challenging subject matter such as sexual assault and …
Miranda Is Dead. Long Live Miranda, Michael Vitiello
Miranda Is Dead. Long Live Miranda, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
The Warren Court’S Eyewitness Identification Case Law: What If?, Michael Vitiello
The Warren Court’S Eyewitness Identification Case Law: What If?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Legalizing Marijuana: Lessons From The United States, Michael Vitiello
Legalizing Marijuana: Lessons From The United States, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Brock Turner: Sorting Through The Noise, Michael Vitiello
Brock Turner: Sorting Through The Noise, Michael Vitiello
McGeorge School of Law Scholarly Articles
PART I. THE MEDIA’S ROLE ............................................................................... 634
A. Six Months for Rape? ............................................................................ 634
B. Okay, But Sixth Months for Sexual Assault? ......................................... 638
C. But Vitiello, You are Cherry-Picking the Facts ..................................... 643
D. But Judge Persky Showed Bias, Racial or Otherwise ........................... 646
PART II: TAKING THE WRONG PATH TOWARDS RECALL ................................... 649
A. Existing Checks on Judicial Misconduct ............................................... 650
B. What’s Not to Like About Recall? ......................................................... 652
III. CONCLUDING THOUGHTS ............................................................................. 659
Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello
Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello
Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg
Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
California's Eavesdropping Law Endangers Victims Of Domestic Violence, John E.B. Myers
California's Eavesdropping Law Endangers Victims Of Domestic Violence, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
The Future Of The International Criminal Court: Complimentarity As A Strength Or A Weakness?, Linda Carter
The Future Of The International Criminal Court: Complimentarity As A Strength Or A Weakness?, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Joints Or The Joint: Colorado And Washington Square Off Against The United States, Michael Vitiello
Joints Or The Joint: Colorado And Washington Square Off Against The United States, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Chinese Homicide Law, Irrationality, And Incremental Change, Cary Bricker, Michael Vitiello
Chinese Homicide Law, Irrationality, And Incremental Change, Cary Bricker, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Why The Initiative Process Is The Wrong Way To Go: Lessons We Should Have Learned From Proposition 215, Michael Vitiello
Why The Initiative Process Is The Wrong Way To Go: Lessons We Should Have Learned From Proposition 215, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Even Moe Dalitz Would Blush: Why The District Attorney Has No Business Collecting Unpaid Casino Markers, Francis J. Mootz Iii
Even Moe Dalitz Would Blush: Why The District Attorney Has No Business Collecting Unpaid Casino Markers, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
The Sacrifice Of Unarmed Prisoners To Gladiators: The Post-Aedpa Access-To-The-Courts Demand For A Constitutional Right To Counsel In Federal Habeas Corpus, Emily Garcia Uhrig
The Sacrifice Of Unarmed Prisoners To Gladiators: The Post-Aedpa Access-To-The-Courts Demand For A Constitutional Right To Counsel In Federal Habeas Corpus, Emily Garcia Uhrig
McGeorge School of Law Scholarly Articles
No abstract provided.
Torture And The War On Terror: The Need For Consistent Definitions And Legal Remedies, Linda Carter
Torture And The War On Terror: The Need For Consistent Definitions And Legal Remedies, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
A Kiss Is Just A Kiss, Or Is It? A Comparative Look At Italian And American Sex Crimes, Alberto Cadoppi, Michael Vitiello
A Kiss Is Just A Kiss, Or Is It? A Comparative Look At Italian And American Sex Crimes, Alberto Cadoppi, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Defining The Reasonable Person In The Criminal Law: Fighting The Lernaean Hydra, Michael Vitiello
Defining The Reasonable Person In The Criminal Law: Fighting The Lernaean Hydra, Michael Vitiello
McGeorge School of Law Scholarly Articles
When courts invoke the reasonable person as a means to assess culpability, they attribute to the standard some but not all of the objective and subjective characteristics of the accused. The Model Penal Code provides little guidance because the drafters intentionally punted on the issue, leaving line-drawing to the courts. This Article examines four classic self-defense cases and concludes that the courts have not drawn consistent lines regarding exactly which characteristics should be imparted to the reasonable person. The Article examines the most prominent areas of deviation and observes that fundamental inconsistencies within our societal notions of fault and punishment …
A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig
A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig
McGeorge School of Law Scholarly Articles
No abstract provided.
Clemency In California Capital Cases, Mary-Beth Moylan, Linda Carter
Clemency In California Capital Cases, Mary-Beth Moylan, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Legalizing Marijuana: California’S Pot Of Gold?, Michael Vitiello
Legalizing Marijuana: California’S Pot Of Gold?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner
McGeorge School of Law Scholarly Articles
No abstract provided.
The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo
The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo
McGeorge School of Law Scholarly Articles
No abstract provided.
Sentencing Guideline Law And Practice In A Post-Booker World: Introduction, Michael Vitiello
Sentencing Guideline Law And Practice In A Post-Booker World: Introduction, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Linda Carter
Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.