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Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

UC Law Journal of Race and Economic Justice

Criminological accounts of penological discourse in the United States often focus on the transition to more punitive policies beginning in the late 1970s, which led the U.S. to top international charts of incarceration rates per capita. However, recent developments in punitive policies and practices suggest a reversal of the punitive pendulum. This article maps these developments, arguing that they represent the emergence of a new correctional discourse, called humonetarianism, which focuses on scarcity of resources and on cost-benefit analysis as its main raison d'être.

This article begins by tracing the history of humonetarianism, offering two complementary genealogies for this discourse. …

The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions, Richard Morgan

UC Law SF International Law Review

Success in counterinsurgency campaigns requires the U.S. military to train, equip, and ultimately turn over responsibility for public safety to indigenous legal institutions. Doing so presents many challenges, as pragmatic concerns for operational security and use of intelligence as legal evidence must be reconciled with cultural differences and the weakness of indigenous legal institutions. This article argues, however, that such participation may be required under international law. Further, participation may help to legitimize counterinsurgency goals in the eyes of the local populace, and bring additional resources to military efforts. In order to realize such benefits, this article argues that military …

Concerns Associated With Expanding Dna Databases, Candice Roman-Santos

UC Law Science and Technology Journal

The establishment of DNA databases has been and continues to be a source of controversy. Proponents of DNA databases argue that it supports a discipline that does not rely on subjective judgments and interpretations, and expanding DNA databases will not only help to solve more crimes but also exonerate innocent people who have been wrongly convicted, ultimately reducing the need to reverse previous miscarriages of justice. Opponents of DNA databases, on the other hand, argue that there is a risk of DNA being used to the exclusion of material that might prove the innocence of the suspect. Also, the fact …

An Overview Of Special Populations In California Prisons, Eumi Lee

Faculty Scholarship

No abstract provided.

I'M Dying To Tell You What Happened: The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas

UC Law Constitutional Quarterly

In Crawford v. Washington and its progeny, the U.S. Supreme Court retheorized the relationship between hearsay evidence and the Confrontation Clause. Post-Crawford, hearsay statements that are "testimonial" in nature are, as a general rule, inadmissible when offered against the accused in a criminal case. Yet in footnote six of Crawford, the Supreme Court suggested that an exception to the general rule may exist for dying declarations. This Article builds on the dictum set forth in footnote six of Crawford, the meaning of which the lower courts are just beginning to explore. Relying on historical evidence, this Article first demonstrates the …

Ballot Box Budgeting In California: The Bane Of The Golden State Or An Overstated Problem, Jessica A. Levinson, Robert M. Stern

UC Law Constitutional Quarterly

This Article analyzes the phenomenon known as ballot box budgeting. This Article examines both legislative measures put to a vote of the people and initiative measures which affect California's budget. The Article concludes that ballot box budgeting have lead to the state's current fiscal crisis are overblown, but that ballot box budgeting has in part contributed to California's economic woes. The Article includes a number of recommendations for improving the process of ballot box budgeting. First, a system of "pay-go" is recommended, whereby measures that reduce revenue should identify which program(s) will be cut, and measures that call for the …

Probable Cause From Probable Bonds: A Genetic Tattle Tale Based On Familial Dna, Jessica D. Gabel

UC Law SF Journal on Gender and Justice

DNA represents the "gold standard" of evidence that solves crimes and obtains convictions. Law enforcement agencies increasingly turn to national and local DNA databanks to generate possible suspects. These searches may "hit" upon databank samples that only partially match the DNA left at a crime scene. The value in a partial match is that it might identify a relative of the perpetrator. Some states have embraced this technique - called familial DNA testing - as a harmless additive to traditional or routine investigatory methods, but at least one state has explicitly banned its use. This Article examines the scientific, legal, …

Tainted Milk: What Kind Of Justice For Victims' Families In China, Yungsuk Karen Yoo

UC Law SF International Law Review

The Chinese government's reaction to the fallout from the 2008-2009 tainted milk scandal paints a vivid picture of modem Chinese legal culture and the development of the rule of law. Quick to institute criminal prosecutions but barring affected families from bringing civil suits, the government continues to maintain a firm grip on the courts, preferring to resolve disputes through mediation and settlement. Meanwhile, the Sanlu case marks a turning point in dispute resolution in China, testing the limits of access to justice for private litigants who bring tort law claims in Chinese courts. As China becomes a major global economic …

Keeping The Commitment: Why California Should Maintain Consideration Of The Commitment Offense In Determining Parole For Life Inmates, Kathleen Noone

UC Law Constitutional Quarterly

The California prison system is currently in federal receivership because of overcrowding and failing to provide prisoners with sufficient medical care. The prison system is a mess, and the miniscule number of life inmates receiving parole each year is disheartening. In the California Supreme Court case In re Lawrence, the court took a step towards increasing the rate of parole for line inmates when it clarified that an inmate cannot be denied parole based solely on the severity of his or her commitment offense. Of course, a future court might go a step further and hold that the commitment offense …

Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld

UC Law Business Journal

While the value of paparazzi-driven journalism is very low, it would be a detriment to the public if paparazzi regulations would potentially limit, or even have a chilling effect on valuable investigative news, merely because there were similar ways the two acquired information. Certain newsgathering torts permit one to consider the newsworthiness, and hence public interest of the stories in question in evaluating the claim. Just as a driver who runs a red light on the way to visit a sick relative in the hospital has still broken the law, if a reporter breaks the more stringent regulations imposed on …

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

UC Law Journal of Race and Economic Justice

No abstract provided.

Changing The Topography Of Sentencing, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.

An Overview Of Special Populations In California Prisons, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

The Centerpiece To Real Reform - Political, Legal, And Social Barriers To Reentry In California, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

Litigation Over Prison Medical Services, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.

Sentencing Reform In California, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.

Reconceptualizing Restorative Justice, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.

Litigation Over Prison Medical Services, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter

Faculty Scholarship

No abstract provided.

It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little

Faculty Scholarship

No abstract provided.

Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

Faculty Scholarship

No abstract provided.

Defining The Problem, Hadar Aviram

Faculty Scholarship

No abstract provided.

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

Faculty Scholarship

No abstract provided.

Changing The Topography Of Sentencing, Kate Bloch

Faculty Scholarship

No abstract provided.

Reconceptualizing Restorative Justice, Kate Bloch

Faculty Scholarship

No abstract provided.

State Of Emergency California's Correctional Crisis, Aaron J. Rappaport, Kara Dansky

Faculty Scholarship

No abstract provided.

Correct Diagnosis; Wrong Cure: A Response To Professor Suk, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Centerpiece To Real Reform? Political, Legal, And Social Barriers To Reentry In California,, Eumi Lee

Faculty Scholarship

No abstract provided.

Sentencing Reform In California, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Establishes $18 Annual Vehicle License Surcharge To Help Fund State Parks And Wildlife Programs And Grants Free Admission To All State Parks To Surcharged Vehicles. Initiative Statute

Initiatives

Establishes an $18 annual state vehicle license surcharge and grants free admission to all state parks to surcharged vehicles. Requires deposit of surcharge revenue in a new trust fund. Requires that trust funds be used solely to operate, maintain and repair the state park system, and to protect wildlife and natural resources. Exempts commercial vehicles, trailers and trailer coaches from the surcharge. Requires annual independent audit and review by citizen's oversight committee. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state revenues of about $500 million annually from the …