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Hastings Journal of Crime and Punishment

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Editor’S Forward, Ava Agree Jul 2021

Editor’S Forward, Ava Agree

Hastings Journal of Crime and Punishment

No abstract provided.


Masthead Jul 2021

Masthead

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 Jul 2021

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 Jul 2021

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 Jul 2021

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 …


Masthead Jan 2021

Masthead

Hastings Journal of Crime and Punishment

No abstract provided.


Editor’S Foreword, Ava Agree Jan 2021

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 Jan 2021

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 Jan 2021

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 …


Masthead Jul 2020

Masthead

Hastings Journal of Crime and Punishment

No abstract provided.


Editors’ Foreword, Tatiana Herschlikowicz, Christopher Johnson Jul 2020

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 Jul 2020

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 Jul 2020

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 Jul 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

The Limits Of Lay Participation Reform In Japanese Criminal Justice, David T. Johnson, Dimitri Vanoverbeke

Hastings Journal of Crime and Punishment

No abstract provided.


Masthead Jan 2020

Masthead

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 Jan 2020

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 Jan 2020

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 …