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Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential, Joan Steinman Jan 1985

Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential, Joan Steinman

UC Law Journal

The United States Supreme Court has been shaping the concept of the public trial in recent years. In so doing, the Court has expanded public access to judicial proceedings and records. At the same time, parties have increasingly sought to litigate pseudonymously in an effort to keep their identities confidential. Litigants often wish to remain anonymous when the matters at issue are particularly private, stigmatizing, or so unpopular that the risk of retaliation is present. Additionally, public law litigators have attempted to expand the use of pseudonyms from the realm of sensitive private disputes to public interest controversies involving unpopular …

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Reflections On The Substance Of Finality, Geoffrey C. Hazard Jr. Jan 1985

Reflections On The Substance Of Finality, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

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Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee Jan 1984

Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee

UC Law SF Communications and Entertainment Journal

In recent years the increase in both computer literacy and the availability of computer terminals has led to an increase in computer crime. This note examines the state and federal criminal statutes designed to punish computer crimes, and asserts that these statutes are inadequate to deal with the problem of juvenile "hacking." In order to deter teenage "hacking" and better compensate its victims, the author proposes imposing civil liability on juveniles or their parents as an effective and realistic alternative to criminal prosecution of these juveniles.

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The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein Jan 1984

The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein

UC Law Constitutional Quarterly

No abstract provided.

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The Emerging Good Faith Exception To The Miranda Rule--A Critique, Martin R. Gardner Jan 1984

The Emerging Good Faith Exception To The Miranda Rule--A Critique, Martin R. Gardner

UC Law Journal

Several Justices of the United States Supreme Court have espoused a "good faith" exception to the fourth amendment exclusionary rule. The exception would permit the use at trial of evidence obtained by government agents who reasonably, but mistakenly, believed they were conducting a legal search and seizure. The Court has broached the subject of an analogous good faith exception for evidence obtained in violation of the fifth amendment privilege against self-incrimination. Several Justices have suggested that a violation of "Miranda rights" during police interrogation of a criminal suspect should not necessarily prevent the resulting evidence from being used at the …

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The First Amendment And Mandatory Courtroom Closure In Globe Newspaper Co. V. Superior Court: The Press' Right, The Child Rape Victim's Plight, Arthur S. Frumkin Jan 1984

The First Amendment And Mandatory Courtroom Closure In Globe Newspaper Co. V. Superior Court: The Press' Right, The Child Rape Victim's Plight, Arthur S. Frumkin

UC Law Constitutional Quarterly

No abstract provided.

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Chief Justice Warren And 1984, Bernard Schwartz Jan 1984

Chief Justice Warren And 1984, Bernard Schwartz

UC Law Journal

George Orwell's 1984 predicts a society dominated by a totalitarian government. Chief Justice Earl Warren was primarily responsible for a jurisprudence that would not countenance the kind of society envisaged in 1984. This Commentary traces the significant criminal procedure decisions of the Warren Court that helped to ensure that Orwel's chilling prediction would remain only fiction. It first focuses on decisions that advanced fourth amendment privacy protections. It next examines the Warren Court's concern for protecting the rights of the criminal defendant and for curbing illegal and oppressive police conduct. The Commentary then notes that as modern methods of electronic …

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Criminal Court Procedures. Sep 1983

Criminal Court Procedures.

Initiatives

CRIMINAL COURT PROCEDURES. INITIATIVE CONSTITUTIONAL AMENDMENTS AND STATUTES. Changes criminal court procedures regarding jury selection, continuances, admissible evidence, probation and parole revocation, grand juries, and other matters. Among other changes, provides agreement of 10 jurors is sufficient for criminal verdicts except in death penalty cases; authorizes hearsay evidence before grand jury or at preliminary examinations as basis for findings and restricts evidence presented to that needed to show sufficient cause to believe defendant committed an offense; expands judicial control of jury examination; requires showing of good cause for continuances; restricts motions made prior to or at preliminary examinations. Summary of …

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Hastings Law News Vol.16 No.2, Uc Hastings College Of The Law Apr 1983

Hastings Law News Vol.16 No.2, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

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The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen Jan 1983

The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen

UC Law SF International Law Review

In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …

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Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer Jan 1983

Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer

UC Law Constitutional Quarterly

No abstract provided.

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Constitutional Challenges To Prison Overcrowding: The Scientific Evidence Of Harmful Effects, Terence P. Thornberry, Jack E. Call Jan 1983

Constitutional Challenges To Prison Overcrowding: The Scientific Evidence Of Harmful Effects, Terence P. Thornberry, Jack E. Call

UC Law Journal

In the past two decades American courts have decided numerous cases involving the constitutionality of prison and jail conditions. A number of prison cases have turned on the court's assessment of the constitutionality of narrow conditions, such as sanitation, fire safety, medical and mental health care, diet, exercise, or protection of inmates from assaults. This Article examines the harmful consequences of the more fundamental problem of prison overcrowding, working from the premise that consideration of the harmful effects of prison overcrowding and the constitutional implications of these effects is critical not just to inmates and courts, but also to prison …

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Hastings Community Vol. Xxvii, No.1 (Fall 1982), Hastings College Of The Law Alumni Association Sep 1982

Hastings Community Vol. Xxvii, No.1 (Fall 1982), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

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County Jail Capital Expenditure Bond Act Of 1981 Jan 1982

County Jail Capital Expenditure Bond Act Of 1981

Propositions

COUNTY JAIL CAPITAL EXPENDITURE BOND ACT OF 1981. This act provides for the construction, reconstruction, remodeling, and replacement of county jails and the performance of deferred maintenance thereon pursuant to a bond issue of two hundred eighty million dollars ($280,000,000).

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Criminal Justice. Jan 1982

Criminal Justice.

Propositions

CRIMINAL JUSTICE. INITIATIVE STATUTES AND CONSTITUTIONAL AMENDMENT. Amends Constitution and enacts several statutes concerning procedural treatment, sentencing, release, and other matters for accused and convicted persons. Includes provisions regarding restitution to victims from persons convicted of crimes, right to safe schools, exclusion of relevant evidence, bail, use of prior felony convictions for impeachment purposes or sentence enhancement, abolishing defense of diminished capacity, use of evidence regarding mental disorder, proof of insanity, notification and appearance of victims at sentencing and parole hearings, restricting plea bargaining, Youth Authority commitments, and other matters. Summary of Legislative Analyst's estimate of net state and local …

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A Tribute To Justice Abe Fortas, Arthur J. Goldberg Jan 1982

A Tribute To Justice Abe Fortas, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

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Gender Equality And Judicial Federalism: The Role Of State Appellate Courts, G. Alan Tarr, Mary Cornelia Porter Jan 1982

Gender Equality And Judicial Federalism: The Role Of State Appellate Courts, G. Alan Tarr, Mary Cornelia Porter

UC Law Constitutional Quarterly

No abstract provided.

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Bail. Jan 1982

Bail.

Propositions

BAIL. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Adds provisions to the Constitution prohibiting release of persons on bail when court makes specified findings. Release on felony offenses is prohibited where: (1) Acts of violence on another person are involved and court finds substantial likelihood the person's release would result in great bodily harm to others. (2) The person has threatened another with great bodily harm and court finds substantial likelihood the person would carry out the threat. In fixing bail, requires court to consider seriousness of offense, previous criminal record, and probability of appearance at trial. Retains existing provisions regarding releases on bail. …

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Handgun Registration Jan 1982

Handgun Registration

Propositions

GUNS. INITIATIVE STATUTE. Adds and amends statutes concerning ownership, registration, and sale of guns. Requires that all concealable firearms (handguns) be registered by November 2, 1983. Makes registration information confidential. Specifies procedures concerning sale and transfer of handguns by dealers and private parties. Restricts Legislature from banning ownership of shotguns, long rifles, or registered handguns and from requiring registration of shotguns or long rifles. Limits number of handguns to number in circulation in California on April 30, 1983. Specifies violation penalties, including imprisonment for certain violations. Provides specified civil damage liability upon unlawful transfer of concealable firearms. Contains other provisions. …

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Unifying Superior, Municipal, And Justice Courts. Jan 1982

Unifying Superior, Municipal, And Justice Courts.

Propositions

UNIFYING SUPERIOR, MUNICIPAL, AND JUSTICE COURTS. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Provides Legislature may authorize a county to unify municipal and justice courts within superior court upon approval by majority vote of county electors. Upon unification, provides for municipal and, unless Legislature provides otherwise, justice court judges to become superior court judges; authorizes Legislature to provide powers and duties of former municipal and justice court judges during balance of terms; requires Legislature to prescribe number and compensation of judges and court enforcement officers and provide for clerk, other officers, and employees; establishes original and appellate jurisdiction of superior court; specifies other matters. …

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Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne Jan 1982

Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne

UC Law SF Communications and Entertainment Journal

This note examines the standard of probable cause as the sole justification for prosecutorial intrusion on the individual's privacy. It argues that, given California's express constitutional guaranty of a right to privacy, the defendant in a criminal prosecution should not be forced to defend himself in a public forum until after probable cause for a trial has been established at the preliminary examination.

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A Tribute To Justice Arthur J. Goldberg, Stanley Mosk Jan 1982

A Tribute To Justice Arthur J. Goldberg, Stanley Mosk

UC Law Constitutional Quarterly

No abstract provided.

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Military Triers Of Fact: A Needless Deprivation Of Constitutional Protections, Gary Michael Heil Jan 1982

Military Triers Of Fact: A Needless Deprivation Of Constitutional Protections, Gary Michael Heil

UC Law Journal

In Burch . Louisiana and Ballew v. Georgia, the Supreme Court defined the protections guaranteed by the right to jury trial granted by the sikth amendment. The jury size and voting requirements imposed by the constitution, however, have not been extended to criminal prosecutions under the Uniform Code of Military Justice. This Comment discusses the reasons given by the military courts for denying these protections to servicemen. The Comment then analyzes the appropriateness of these decisions in light of Supreme Court and military court precedents as well as the way in which military triers of fact are conditioned to perform …

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Racial Bias And The Right To An Impartial Jury: A Standard For Allowing Voir Dire Inquiry, Nancy Lewis Alvarez Jan 1982

Racial Bias And The Right To An Impartial Jury: A Standard For Allowing Voir Dire Inquiry, Nancy Lewis Alvarez

UC Law Journal

The criminal defendant's right to inquire into the possible racial and ethnic prejudices of prospective jurors during voir dire examination has been restricted by the Supreme Court. This Comment traces the development of the Court's reasoning with regard to this right through the analyses of four seminal Supreme Court cases. The focus of this Comment is on the most recent pronouncement of the Supreme Court in this area, Rosales-Lopez v. United States. After discussing the implications of the Court's opinion in Rosales- Lopez, the Comment concludes that a constitutional standard protecting the right of all criminal defendants to direct questions …

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Radical Reform: Same Song, Second Verse, John P. Frank Jan 1982

Radical Reform: Same Song, Second Verse, John P. Frank

UC Law Journal

This Commentary examines several proposals designed to promote efficiency in judicial administration.

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An Essay On Ending The Exclusionary Rule, Gary S. Goodpaster Jan 1982

An Essay On Ending The Exclusionary Rule, Gary S. Goodpaster

UC Law Journal

The exclusionary rule encompasses a complex system of rules and procedures that serves several constitutional functions. This Article explores these functions and reviews the major criticisms of the rule. The Article then evaluates two proposed alternatives to the rule: a good faith exception and administrative agency regulation of police conduct. The Article concludes that only administrative agency regulation could respond effectively to the criticisms of the rules and yet satisfy its many functions, but that practical difficulties make the adoption of this alternative very unlikely.

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Reforming The Exclusionary Rule: An Analysis Of Two Proposed Amendments To The California Constitution, John K. Van De Kamp, Richard W. Gerry Jan 1982

Reforming The Exclusionary Rule: An Analysis Of Two Proposed Amendments To The California Constitution, John K. Van De Kamp, Richard W. Gerry

UC Law Journal

Evidence admissible in federal courts frequently is excluded under the California exclusionary rule, largely because of the state supreme court's willingness to invoke nonstatutory independent state grounds to exclude relevant evidence. In an attempt to reform the California rule, two measures were introduced during the 1981-82 regular session of the California legislature- Senate Constitutional Amendment 7 and Assembly Constitutional Amendment 31. After analyzing these two suggested amendments, this Article recommends the adoption of the Senate proposal, which would prevent California courts from excluding evidence in criminal proceedings and certain juvenile proceedings on nonstatutory independent state grounds.

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Criminal Justice Aug 1981

Criminal Justice

Initiatives

CRIMINAL JUSTICE. INITIATIVE STATUTES AND CONSTITUTIONAL AMENDMENT. Amends Constitution and enacts several statutes concerning procedural treatment, sentencing, release, and other matters for accused and convicted persons. Includes provisions regarding restitution to victims from persons convicted of crimes, right to safe schools, exclusion of relevant evidence, bail, use of prior felony convictions for impeachment purposes or sentence enhancement, abolishing defense of diminished capacity, use of evidence regarding mental disorder, proof of insanity, notification and appearance of victims at sentencing and parole hearings, restricting plea bargaining, Youth Authority commitments, resentencing of persons previously committed as mentally disordered sex offenders, and other matters. …

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Hastings Community Vol. Xxv, No.4 (June 1981), Hastings College Of The Law Alumni Association Jun 1981

Hastings Community Vol. Xxv, No.4 (June 1981), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

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The Military Justice System And The Right To Trial By Jury: Size And Voting Requirements Of The General Courts-Martial For Service Connected Civilian Offenses, Frank J. Chmelik Jan 1981

The Military Justice System And The Right To Trial By Jury: Size And Voting Requirements Of The General Courts-Martial For Service Connected Civilian Offenses, Frank J. Chmelik

UC Law Constitutional Quarterly

No abstract provided.

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