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2000

Civil Procedure

San Diego Law Review

Articles 1 - 2 of 2

Full-Text Articles in Law

A Primer On The Civil Trial Of A Sexually Violent Predator, Joan Comparet Cassani Jan 2000

A Primer On The Civil Trial Of A Sexually Violent Predator, Joan Comparet Cassani

San Diego Law Review

Involuntary commitment' for sexually violent predators became the law in California in 1996. This law, the Sexually Violent Predator Act, provides for a civil jury trial.! This trial is unique, since some of the procedural protections afforded a criminal defendant apply. For example, a unanimous jury must find, beyond a reasonable doubt, that the individual is a sexually violent predator.

The Act provides for the treatment of the individual if committed, and carefully crafts the procedures for the mental health evaluation and review process. Unfortunately, the part of the statute that provides for the civil trial is not as tightly …


A Tale Of Two Counties: Divergent Responses In Los Angeles And Orange County Superior Courts To The Ban On Electronic Recording In California Court Reporters Ass'n V. Judicial Council, Glenn S. Koppel Jan 2000

A Tale Of Two Counties: Divergent Responses In Los Angeles And Orange County Superior Courts To The Ban On Electronic Recording In California Court Reporters Ass'n V. Judicial Council, Glenn S. Koppel

San Diego Law Review

This Article explores the authority of superior courts to use electronic recording technology to make a verbatim record of superior court proceedings-without express statutory authorization-in the aftermath of the CCRA decisions. Rather than just arguing that the CCRA decisions were wrongly decided, this Article explores ways to narrowly construe the CCRA opinions to permit superior courts and their litigants to use rapidly evolving electronic recording technologies as an alternative to traditional stenographic court reporting.