Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
But Can It Be Fixed? A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter
But Can It Be Fixed? A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter
Faculty Publications
This article argues that California's Procedure 770 as currently implemented is unconstitutional. Judge Fogel, after an exhaustive review of evidence from all parties,agrees. Although Judge Fogel believes that the lethal injection system, while broken "can be fixed," we argue that lethal injection, as a method of execution, is always unconstitutional because the procedures employed in its administration can never ensure against unnecessary risk of pain to the inmate. We also argue that the California legislature must step in to publicly review lethal injection executions and to investigate the conduct of the California Department of Corrections and Rehabilitation (CDCR) in the …
Institute Of Contemporary Law: The California Superior Court System, Mary Emery, Nicholas Livak, Leon Panetta
Institute Of Contemporary Law: The California Superior Court System, Mary Emery, Nicholas Livak, Leon Panetta
Faculty Publications
The Institute of Contemporary Law, having recently completed an investigation and analysis of the California grand jury, now turns its efforts to the area of the superior court system in California. Hoping to correlate the work of students, lawyers and judges in this area, the following article attempts a broad review of the function and operation of the superior court in California. The history of the court, its rules and operation, its jurisdiction and its various departments are the topics covered by the discussion below. The presentation here offered is mainly expository and informational, and, it is hoped, will provide …