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Criminal Law Commons

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Full-Text Articles in Criminal Law

In Re Cook And The Franklin Proceeding: New Door, Same Dilapidated House, Christopher Hawthorne, Marisa Sacks Feb 2020

In Re Cook And The Franklin Proceeding: New Door, Same Dilapidated House, Christopher Hawthorne, Marisa Sacks

Loyola of Los Angeles Law Review

The California Supreme Court’s decision in In re Cook was supposed to bring about a sea change in the way trial courts conduct Franklin mitigation hearings for youthful offenders. In fact, while Cook changed the procedure for initiating a post-conviction Franklin proceeding, little else has changed, including the lack of agreement among attorneys concerning best practices in these proceedings, and a less than less-than-enthusiastic response from the criminal defense bar. Absent any guidance from higher courts, the Franklin proceeding is limited by the personal and institutional energies and preferences of judges, prosecutors, public defenders and private defense counsel. The authors …


Making Constitutional Sense: A Modal Approach To California's Proposition 66, Alan Romero Feb 2020

Making Constitutional Sense: A Modal Approach To California's Proposition 66, Alan Romero

Loyola of Los Angeles Law Review

For years, the California Supreme Court has adopted a deferential posture when reviewing state constitutional challenges to a ballot initiative. The decision in Briggs v. Brown underscored the degree to which courts are willing to avoid striking down ballot initiatives on constitutional grounds, such as by broadly construing the initiative’s language to avoid constitutional problems. In construing the language of Proposition 66 to avoid separation of powers problems, however, Briggs effectively re-interpreted central pillars of Proposition 66 in ways rendering it unrecognizable to Californians who cast votes for and against the initiative. Such recasting of ballot initiatives raises fundamental jurisprudential …


Overdue Justice: People V. Valenzuela And The Path Toward Gang Prosecution Reform, Ryan Nelson Feb 2020

Overdue Justice: People V. Valenzuela And The Path Toward Gang Prosecution Reform, Ryan Nelson

Loyola of Los Angeles Law Review

No abstract provided.


People V. Buza: A Step In The Wrong Direction, Emily R. Pincin Feb 2020

People V. Buza: A Step In The Wrong Direction, Emily R. Pincin

Loyola of Los Angeles Law Review

No abstract provided.