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Full-Text Articles in Law
Editor’S Forward, Ava Agree
Editor’S Forward, Ava Agree
Hastings Journal of Crime and Punishment
No abstract provided.
Unjust Isolation: The Diminishing Returns Of Solitary Confinement Of Pregnant Women And California’S Need To Regulate It., Richard Lee
Hastings Journal of Crime and Punishment
California’s state prison system lacks sufficient regulations to restrict the use of solitary confinement for pregnant women. Under the current system, the California Department of Corrections and Rehabilitations (CDCR) possesses broad discretion regarding the use of solitary confinement, administrative segregated housing, or other forms of isolated placement. According to the CDCR manual, prison officers may place a pregnant woman in solitary confinement as long as her medical condition does not “preclude” that placement. This standard, which vests an inappropriate amount of discretion in prison officers, is deeply insufficient to prevent the negative consequences of subjecting pregnant women to solitary confinement. …
California’S Sb 1437 And Its Applicability To Attempted Murder Liability, Violeta Alvarez
California’S Sb 1437 And Its Applicability To Attempted Murder Liability, Violeta Alvarez
Hastings Journal of Crime and Punishment
No abstract provided.
Bottleneck: The Place Of County Jails In California’S Covid-19 Correctional Crisis, Hadar Aviram
Bottleneck: The Place Of County Jails In California’S Covid-19 Correctional Crisis, Hadar Aviram
Hastings Journal of Crime and Punishment
This Article examines a lesser-known site of the COVID-19 pandemic: county jails. Revisiting assumptions that preceded and followed criminal justice reform in California, particularly Brown v. Plata and the Realignment, the Article situates jails within two competing/complementary perspectives: a mechanistic, jurisdictional perspective, which focuses on county administration and budgeting, and a geographic perspective, which views jails in the context of their neighboring communities. The prevalence of the former perspective over the latter among both correctional administrators and criminal justice reformers has generated unique challenges in fighting the spread of COVID-19 in jails: paucity of, and reliability problems with, data; weak …
Editor’S Foreword, Ava Agree
Editor’S Foreword, Ava Agree
Hastings Journal of Crime and Punishment
No abstract provided.
Defunding Prosecutors And Reinvesting In Communities: The Case For Reducing The Power And Budgets Of Prosecutors To Help End Mass Incarceration, Udi Ofer
Hastings Journal of Crime and Punishment
No abstract provided.
Criminalization Of Homies: Gang Policing Tactics And Community Fragmentation, Juan Flores
Criminalization Of Homies: Gang Policing Tactics And Community Fragmentation, Juan Flores
Hastings Journal of Crime and Punishment
While growing scholarship has been crucial in understanding gang policing’s nature and impacts, there is currently limited research focusing on how policing relies upon fragmenting communities and perpetuating divisions within them. Gang policing claims to respond to conflict and rivalries between “gangs,” but how does this policing produce and perpetuate these community divisions? This paper seeks to understand how gang policing tactics perpetuate divisions and fragment communities while simultaneously producing criminality. This study used a qualitative approach, interviewing eight participants in Berkeley, San Diego, and Los Angeles who are perceived by law enforcement as “gang members” but who self-identify instead …
Editors’ Foreword, Tatiana Herschlikowicz, Christopher Johnson
Editors’ Foreword, Tatiana Herschlikowicz, Christopher Johnson
Hastings Journal of Crime and Punishment
No abstract provided.
Regressive Prosecutors: Law And Order Politics And Practices In Trump’S Doj, Mona Lynch
Regressive Prosecutors: Law And Order Politics And Practices In Trump’S Doj, Mona Lynch
Hastings Journal of Crime and Punishment
No abstract provided.
United States V. Stevens At 10: Adding A “Prurient Intent” Element To Resolve Constitutional Overbreadth In The Federal Anti-Animal Cruelty Statute, 18 U.S.C. § 48, Dale Radford
Hastings Journal of Crime and Punishment
Ten years ago, in United States v. Stevens, the United States Supreme Court overturned the federal anti-animal cruelty statute 18 U.S.C. § 48 for the first time. The statute was specifically drafted to target the clandestine underground production of so-called “crush videos,” adult entertainment videos depicting animals being purposefully tortured to death by scantily clad women.
The Court overturned the statute for potentially criminalizing portrayals of legal activity with redeeming socio-cultural value, such as hunting. While the Court relied heavily on analyzing speech as it relates to child pornography, it did not address whether depictions of animal torture constitute “obscenity” …
Should Consistency Be Part Of The Reform Prosecutor’S Playbook?, Kay Levine
Should Consistency Be Part Of The Reform Prosecutor’S Playbook?, Kay Levine
Hastings Journal of Crime and Punishment
In this piece, I explore the value of consistency in a prosecutor’s office that is committed to racial justice, fiscal responsibility, and strategies to reduce the size of the carceral state. I argue that consistency of process, rather than consistency of outcome, is the principal value that leadership ought to embrace in furtherance of its reformist goals. In prioritizing consistency of process, the office would design a “prosecutorial calculus” to guide line prosecutors’ case management decisions (i.e., it would identify the factors that should influence whether and what to file, how to handle pre-trial release, and what to offer as …
Lay Judge And Victim Participation In Japan: Japan’S Saiban’In Trial, The Prosecution Review Commission, And The Public Prosecution Of White-Collar Crimes, Hiroshi Fukurai
Hastings Journal of Crime and Punishment
In September 2019, the University of California Hastings Law School hosted a symposium on Japan’s newly instituted public and victim participation systems in the criminal process. This paper addresses themes raised by five scholars' presentations at the symposium, covering the effectiveness and impact of three different newly adopted systems of lay and victim participation in Japan: (1) the new 2009 law of the Prosecution Review Commission (PRC), a Japanese-style “civil grand jury” originally introduced in 1948, which gave the PRC the power to force the prosecution of formerly unindicted cases, thereby challenging and reversing the prosecutor’s original non-prosecution decision; (2) …
Preface To The Symposium Issue
Preface To The Symposium Issue
Hastings Journal of Crime and Punishment
No abstract provided.
What The Saiban-In System Brought From The Perspective Of A Defense Lawyer, Megumi Wada
What The Saiban-In System Brought From The Perspective Of A Defense Lawyer, Megumi Wada
Hastings Journal of Crime and Punishment
No abstract provided.
Are We Still Cheap On Crime? Austerity, Punitivism, And Common Sense In The Trump/Sessions/Barr Era, Hadar Aviram
Are We Still Cheap On Crime? Austerity, Punitivism, And Common Sense In The Trump/Sessions/Barr Era, Hadar Aviram
Hastings Journal of Crime and Punishment
Literature on “late mass incarceration” observed a contraction of the carceral state, with varying opinions as to its causes and varying degrees of optimism about its potential. But even optimistic commentators were taken aback by the Trump-Sessions administration’s criminal justice rhetoric. This paper maps out the extent to which federal, state, and local actions in the age of Trump have reversed the promising trends to shrink the criminal justice apparatus, focusing on federal legislation, continued state and local reform, and the role of criminal justice in 2020 presidential campaigns. The paper concludes that the overall salutary trends from 2008 onward …
The Prosecution Review Commission Process – Historical Analysis And Some Suggestions For Change, Carl F. Goodman
The Prosecution Review Commission Process – Historical Analysis And Some Suggestions For Change, Carl F. Goodman
Hastings Journal of Crime and Punishment
No abstract provided.
After Abolition: Acquiescence, Backlash, And The Consequences Of Ending The Death Penalty, Austin Sarat, Charlotte Blackman, Elinor Scout Boynton, Katherine Chen, Theodore Perez
After Abolition: Acquiescence, Backlash, And The Consequences Of Ending The Death Penalty, Austin Sarat, Charlotte Blackman, Elinor Scout Boynton, Katherine Chen, Theodore Perez
Hastings Journal of Crime and Punishment
No abstract provided.
Life, Liberty, And Rental Property: Oakland’S Nuisance Eviction Program, Ethan Silverstein
Life, Liberty, And Rental Property: Oakland’S Nuisance Eviction Program, Ethan Silverstein
Hastings Journal of Crime and Punishment
No abstract provided.
Victim Participation In The Criminal Process In Japan, Shigenori Matsui
Victim Participation In The Criminal Process In Japan, Shigenori Matsui
Hastings Journal of Crime and Punishment
No abstract provided.
The Limits Of Lay Participation Reform In Japanese Criminal Justice, David T. Johnson, Dimitri Vanoverbeke
The Limits Of Lay Participation Reform In Japanese Criminal Justice, David T. Johnson, Dimitri Vanoverbeke
Hastings Journal of Crime and Punishment
No abstract provided.
The First Ten Years Of The Lay Judge System: Now, Do We Have “Hope” For Criminal Trials In Japan?, Mari Hirayama
The First Ten Years Of The Lay Judge System: Now, Do We Have “Hope” For Criminal Trials In Japan?, Mari Hirayama
Hastings Journal of Crime and Punishment
No abstract provided.
Prosecuting Members Of Defense Legal Teams And Its Ethical Implications For The Prosecutor: A Proposal For A New Ethical Standard, Belle Yan
Hastings Journal of Crime and Punishment
This Note explores improprieties and conflicts of interest that may arise when a prosecutor’s office investigates and files charges against defense counsel or a member of the defense legal team. Specifically, this Note focuses on such investigations and charges that arise from defense counsel’s representation of a defendant whom the same prosecutor’s office is prosecuting. The intimately adversarial and professional relationships between prosecutors and defense attorneys taint the legitimacy of any charges against defense counsel for alleged misconduct. The ethical standard proposed here suggests a non-waivable conflict of interest. This would assist the prosecutor’s office in avoiding the appearance of …