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Local Funds And Revenues. State Mandates. Initiative Constitutional Amendment. Jan 2004

Local Funds And Revenues. State Mandates. Initiative Constitutional Amendment.

Initiatives

LOCAL FUNDS AND REVENUES. STATE MANDATES. INITIATIVE CONSTITUTIONAL AMENDMENT. Requires two-thirds vote of Legislature and voter approval for any reduction, based on January 1,2003 levels, of local governments' vehicle license fee revenues, sales tax powers and revenues, and proportionate share of local property tax revenues. Permits Legislature to create tax exemptions and reduce vehicle license fee revenues without voter approval only if legislation reimburses local government for lost revenues. Provides that local government may, with limited exceptions, suspend performance of state mandate if State fails to reimburse local government within 180 days of final determination of state-mandated obligation. Summary of …

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Local Government Funds, Revenues. State Mandates. Jan 2004

Local Government Funds, Revenues. State Mandates.

Propositions

Local Government Funds, Revenues. State Mandates. Initiative Constitutional Amendment. • Requires voter approval for any legislation that provides for any reduction, based on January 1, 2003 levels, of local governments’ vehicle license fee revenues, sales tax powers and revenues, and proportionate share of local property tax revenues. • Permits local government to suspend performance of state mandate if state fails to reimburse local government within 180 days of final determination of state-mandated obligation; except mandates requiring local government to provide/modify: any protection, benefit or employment status to employee/retiree, or any procedural/substantive employment right for employee or employee organization. Summary of …

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Protection Of Local Government Revenues Jan 2004

Protection Of Local Government Revenues

Propositions

Protection of Local Government Revenues • Protects local funding for public safety, health, libraries, parks, and other locally delivered services. • Prohibits the State from reducing local governments’ property tax proceeds. • Allows the provisions to be suspended only if the Governor declares a fiscal necessity and two-thirds of the Legislature approve the suspension. Suspended funds must be repaid within three years. • Also requires local sales tax revenues to remain with local government and be spent for local purposes. • Requires the State to fund legislative mandates on local governments or suspend their operation. Summary of Legislative Analyst’s Estimate …

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Limitations On "Three Strikes" Law. Sex Crimes. Punishment. Jan 2004

Limitations On "Three Strikes" Law. Sex Crimes. Punishment.

Propositions

Limitations on “Three Strikes” Law. Sex Crimes. Punishment. Initiative Statute. • Amends “Three Strikes” law to require increased sentences only when current conviction is for specified violent and/or serious felony. • Redefines violent and serious felonies. Only prior convictions for specified violent and/or serious felonies, brought and tried separately, would qualify for second and third “strike” sentence increases. • Allows conditional re-sentencing of persons with sentences increased under “Three Strikes” law if previous sentencing offenses, resulting in the currently charged felony/felonies, would no longer qualify as violent and/or serious felonies. • Increases punishment for specified sex crimes against children. Summary …

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Dna Samples. Collection. Database. Funding. Jan 2004

Dna Samples. Collection. Database. Funding.

Propositions

DNA Samples. Collection. Database. Funding. Initiative Statute. • Requires collection of DNA samples from all felons, and from adults and juveniles arrested for or charged with specified crimes, and submission to state DNA database; and, in five years, from adults arrested for or charged with any felony. • Authorizes local law enforcement laboratories to perform analyses for state database and maintain local database. • Specifies procedures for confidentiality and removing samples from databases. • Imposes additional monetary penalty upon certain fines/forfeitures to fund program. • Designates California Department of Justice to implement program, subject to available moneys: Authorizes $7,000,000 loan …

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Toward A Constitutional Law Of Crime And Punishment, Markus Dirk Dubber Jan 2004

Toward A Constitutional Law Of Crime And Punishment, Markus Dirk Dubber

UC Law Journal

Procedural criminal law is heavily constitutionalized, whereas substantive criminal law has largely escaped constitutional scrutiny. In this Article, Professor Dubber lays out a framework for the development of a general constitutional law of crime and punishment, with a particular emphasis on the general and special part of substantive criminal law. Constitutional criminal law, Dubber argues, rests on the concept of respect for the autonomy and dignity of persons that is reflected in such constitutional guarantees as the right to due process and the proscription against cruel and unusual punishments.

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Cross Burning Revisited: What The Supreme Court Should Have Done In Virginia V. Black And Why It Didn’T, W. Wat Hopkins Jan 2004

Cross Burning Revisited: What The Supreme Court Should Have Done In Virginia V. Black And Why It Didn’T, W. Wat Hopkins

UC Law SF Communications and Entertainment Journal

The Supreme Court of the United States, in R.A. V. v. St. Paul, created a complicated framework of law that, despite years of case law to the contrary, would allow a court to hold a law banning cross burning to be constitutional, even if the law was not content-neutral. The ruling caused considerable problems in cases involving cross burning that reached lower appellate courts. In Virginia v. Black, the Court had the opportunity to resolve the problem, but refused to do so. Instead, the Court restructured the law related to intimidating and threatening speech, creating even more ambiguity. Under the …

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Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti Jan 2004

Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti

UC Law SF International Law Review

An underlying ethos of American law is that an adversarial setting is a prerequisite for proper resolution of a dispute. But is that accurate? Comparative scholars have illustrated the diversity of methods available. In Adversarial Legalism, Robert Kagan considers the merits of these alternative systems. Although the book is not intended as a comprehensive agenda for reform, Kagan's message is clear: our procedures and methods for resolving disputes are a matter of choice, no matter how natural or entrenched they may appear to be. To the extent they do not serve us well, we should exercise our ability to make …

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The Criminalization Of Survival Attempts: Locking Up Female Runaways And Other Status Offenders, Alecia Humphrey Jan 2004

The Criminalization Of Survival Attempts: Locking Up Female Runaways And Other Status Offenders, Alecia Humphrey

UC Law SF Journal on Gender and Justice

To control and help runaway children, courts have classified them as "status offenders" without getting to the real source of their runaway behavior, such as physical or sexual abuse at home. Instead, confining runaway children to the judicial system through the use of status offenses has further entrenched these runaways' behavior without helping them develop more effective copings skills; children often run away again, commit substantive crimes, once again become victims, or else are institutionalized or incarcerated on down the road. Indeed, girls are especially prone to this cycle, since their numbers are disproportionately higher than those of boys in …

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Human Trafficking Private Right Of Action: Civil Rights For Trafficked Persons In The United States, Kathleen Kim, Kusia Hreshchyshyn Jan 2004

Human Trafficking Private Right Of Action: Civil Rights For Trafficked Persons In The United States, Kathleen Kim, Kusia Hreshchyshyn

UC Law SF Journal on Gender and Justice

Human Trafficking Private Right of Action: Civil Rights for Trafficked Persons in the United States addresses a 2003 addition to the Trafficking Victims Protection Act allowing for a private right of action for persons trafficked to the United States. The article discusses civil litigation as a strategy for trafficked persons to obtain a remedy that specifically addresses the injury that they sustained: enslavement. The discussion situates this remedy within the broader purposes of anti-trafficking legislation.

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The Admissibility Of Tape Recordings In Criminal Trials Involving Domestic Disputes: California's Proposition 8 And Title Iii Of The Federal Omnibus Crime Control And Safe Streets Act, Lee Ashely Smith Jan 2004

The Admissibility Of Tape Recordings In Criminal Trials Involving Domestic Disputes: California's Proposition 8 And Title Iii Of The Federal Omnibus Crime Control And Safe Streets Act, Lee Ashely Smith

UC Law SF Journal on Gender and Justice

Domestic cases of eavesdropping and wiretapping pose a special problem for laws that were initially meant to govern police misconduct and espionage. California voters passed Proposition 8 but its passage led to many additional questions including whether the law truly champions victims' rights and whether it protects innocent defendants. Federal law, by comparison, sets a minimum standard of one-party consent for the admissibility of wiretap or eavesdropping evidence in criminal trials. This standard has been shown to permit parental wiretaps without allowing purely clandestine recording of another's activities, including spouses and domestic partners. In short, privacy rights are protected to …

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Exorcizing Wechsler's Ghost: The Influence Of The Model Penal Code On Death Penalty Sentencing Jurisprudence, Russell Dean Covey Jan 2004

Exorcizing Wechsler's Ghost: The Influence Of The Model Penal Code On Death Penalty Sentencing Jurisprudence, Russell Dean Covey

UC Law Constitutional Quarterly

The constitutional law of capital sentencing currently is torn between its past and its future, its inheritance of a utilitarian, offender-based, sentencing theory and the powerful contemporary resurgence of retributivism as the dominant justification for criminal punishment. The basic procedural and jurisprudential structures all originated as the offspring of an explicitly nonretributive penal theory crafted in large part by Herbert Wechsler and codified in the Model Penal Code. To bring death penalty procedure more in line with contemporary understandings of the death penalty's theoretical and moral justification, the ghost of Herbert Wechsler must be exorcized from the constitutional law of …

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Houses Built On Sant: Police Expert Testimony In California Gang Prosecutions; Did Gardeley Go Too Far, Patrick Mark Mahoney Jan 2004

Houses Built On Sant: Police Expert Testimony In California Gang Prosecutions; Did Gardeley Go Too Far, Patrick Mark Mahoney

UC Law Constitutional Quarterly

In 1998, faced with a gang-violence epidemic, California passed the Street Terrorism Enforcement and Prevention Act ("STEP"), becoming the first state to enact a law specifically targeting criminal street gangs. Through STEP, California courts began to gradually expand the scope of evidence admissible to prove gang membership and to loosen restrictions on expert testimony regarding gang behavior. This trend culminated in People v. Gardeley, in which the California Supreme Court upheld an extremely broad view of permissible uses of expert testimony. This note argues that not only did Gardeley goes too far, but also that in its Gardeley decision the …

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But I Thought He Had A Gun - Race And Police Use Of A Deadly Force, Cynthia Lee Jan 2004

But I Thought He Had A Gun - Race And Police Use Of A Deadly Force, Cynthia Lee

UC Law Journal of Race and Economic Justice

While widespread consensus exists that racial minorities are disproportionately represented as victims of police shootings, the reason for this disproportion is hotly disputed. This paper argues that in claimed self-defense cases, race norms or racial stereotypes often operate at a subconscious level to alter police officers' perceptions of threat and corresponding decisions to use deadly force. Nevertheless, society can help encourage police officers to overcome the inevitable influence of racial stereotypes on their decisions to use deadly force in the field. Internally, police departments can work on at least three fronts to control the use of force: recruitment, training, and …

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In Search Of Gideon's Promise: Lessons From England And The Need For Federal Help, Norman Lefstein Jan 2004

In Search Of Gideon's Promise: Lessons From England And The Need For Federal Help, Norman Lefstein

UC Law Journal

A significant national problem is the enduring widespread crisis in providing adequate legal representation for indigent defendants in state criminal prosecutions. Insufficient funding and lack of oversight undermines the quality of public defense delivery systems while constantly risking the conviction of innocent persons. Thus, the Constitution's promise of counsel, first recognized in 1963 by the U.S. Supreme Court in Gideon v. Wainwright, remains unfulfilled. This Article, which draws upon an in-depth study of English criminal legal aid, focuses on sources of funding, selection of counsel by the client, and programs to monitor the quality of representation. Comparing the current American …

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Prejudice Presumed: The Decision To Concede Guilt To Lesser Offenses During Opening Statements, Robert J. Nolan Jan 2004

Prejudice Presumed: The Decision To Concede Guilt To Lesser Offenses During Opening Statements, Robert J. Nolan

UC Law Journal

On March I, 2004, the Supreme Court granted certiorari in Florida v. Nixon to resolve whether Strickland v. Washington or United States v. Cronic applies to ineffective assistance of counsel claims where defense counsel unilaterally concedes guilt to a lesser offense. A number of lower courts have considered this issue. Some have applied Stickland's two prong test and required the defendant to prove both deficient performance and prejudice. Other courts have held that such a concession amounts to a failure of meaningful adversarial testing and under Cronic, prejudice should be presumed. Since Bell v. Cone, where the Supreme Court held …

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What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport Jan 2004

What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

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The Rule Of Lenity As A Rule Of Structure, Zachary S. Price Jan 2004

The Rule Of Lenity As A Rule Of Structure, Zachary S. Price

Faculty Scholarship

No abstract provided.

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Hastings Community (Autumn 2003), Hastings College Of The Law Alumni Association Nov 2003

Hastings Community (Autumn 2003), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

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Confinement Of Veal Calves And Pregnant Farm Pigs. Initiative Statute. Jul 2003

Confinement Of Veal Calves And Pregnant Farm Pigs. Initiative Statute.

Initiatives

CONFINEMENT OF VEAL CALVES AND PREGNANT FARM PIGS. INITIATIVE STA TUTE. Prohibits confining or tethering a veal calf or pregnant pig on a farm in a manner that prevents the animal from turning around. Does not apply to reasonable veterinary procedures, public events and prebirthing pigs. Violations are misdemeanors. Veal calf provisions are effective upon enactment. Farm pig provisions are effective on January 1, 2008. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in probably minor local and state criminal justice enforcement and prosecution costs, offset …

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Confinement And Feeding Of Veal Calves. Confinement Of Pregnant Farm Jul 2003

Confinement And Feeding Of Veal Calves. Confinement Of Pregnant Farm

Initiatives

CONFINEMENT AND FEEDING OF VEAL CALVES. CONFINEMENT OF PREGNANT FARM PIGS. INITIATIVE STATUTE. Prohibits confining or tethering a veal calf or a pregnant pig on a farm in a manner that prevents the animal from turning around. Prohibits failing to feed a calf sufficient iron or solid food. Does not apply to reasonable veterinary procedures, public events and prebirthing pigs. Violations are misdemeanors. Veal calf provisions are effective upon enactment. Farm pig provisions are effective January 1, 2008. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result …

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Confinement Of Pregnant Farm Pigs. Initiative Statute. Jul 2003

Confinement Of Pregnant Farm Pigs. Initiative Statute.

Initiatives

CONFINEMENT OF PREGNANT FARM PIGS. INITIATIVE STATUTE. Adds section 599g to the Penal Code to make it a misdemeanor for a person to confine or tether a pregnant farm pig in a manner that prevents the animal from turning around freely. Does not apply to the prebirthing time period, reasonable veterinary procedures, and public events. Effective January 1, 2008. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in probably minor local and state criminal justice enforcement and prosecution costs, offset in part by increased fine revenue.

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Pig Confinement. Initiative Statute. Jul 2003

Pig Confinement. Initiative Statute.

Initiatives

PIG CONFINEMENT. INITIATIVE STATUTE. Prohibits confining a pig for all or the majority of a calendar day in an enclosure, including a gestation crate, in which the pig cannot tum around without touching any side. Does not apply to trailers, motor vehicles, reasonable veterinary procedures, pre-birthing and nursing time periods, and public events. Each violation is a misdemeanor. Effective two years after enactment. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Probably minor local and state criminal justice enforcement and prosecution costs, offset in part by increased fine revenue.

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Pig Crates. Initiative Statute. Jul 2003

Pig Crates. Initiative Statute.

Initiatives

PIG CRATES. INITIATIVE STATUTE. Prohibits confining a pig for all or the majority of a calendar day in an enclosure, including a gestation crate, in which the pig cannot tum around without touching any side. Does not apply to trailers, motor vehicles, reasonable veterinary procedures, pre-birthing and nursing time periods, and public events. Each violation is a misdemeanor. Effective four years after enactment. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Probably minor local and state criminal justice enforcement and prosecution costs, offset in part by increased fine revenue.

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Hastings Community (Summer 2003), Hastings College Of The Law Alumni Association Jun 2003

Hastings Community (Summer 2003), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

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Uc Hastings College Of The Law Commencement Exercises Class Of 2003, Uc Hastings College Of The Law May 2003

Uc Hastings College Of The Law Commencement Exercises Class Of 2003, Uc Hastings College Of The Law

Commencement Exercises

No abstract provided.

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Pig Enclosures. Initiative Statute. Apr 2003

Pig Enclosures. Initiative Statute.

Initiatives

PIG ENCLOSURES. INITIATIVE STATUTE. Prohibits confining a pig on land used in the production or maintenance of animals for food or fiber in an enclosure in which the pig cannot turn around freely, including a gestation crate. Creates exceptions for veterinary purposes, prebirthing and nursing periods, and public events. Each violation is a misdemeanor. Measure becomes effective two years after enactment. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in the following fiscal impact: probably minor local and state criminal justice enforcement and prosecution costs, offset …

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Voter Information Guide For 2003, Special Election Jan 2003

Voter Information Guide For 2003, Special Election

Propositions

No abstract provided.

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Funds Dedicated For State And Local Infrastructure. Jan 2003

Funds Dedicated For State And Local Infrastructure.

Propositions

FUNDS DEDICATED FOR STATE AND LOCAL INFRASTRUCTURE. LEGISLATIVE CONSTITUTIONAL AMENDMENT. • Requires specified percentages of General Fund revenues to be set-aside for acquisition, construction, rehabilitation, modernization, or renovation of infrastructure. • Expenditures must be divided equally between state projects and local projects, other than school and community college district projects, including local street, transportation, water, park, and open space projects. • Proposition 98 school funding guarantee is unchanged. • Amount of first set-aside scheduled for 2006–07 is 1%; they increase 0.3% annually to 3% and then remain fixed. Set-asides are subject to increase, decrease, or suspension with revenue increases and …

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Examining The Evidence: Post-Verdict Interviews And The Jury System, Nicole B. Casarez Jan 2003

Examining The Evidence: Post-Verdict Interviews And The Jury System, Nicole B. Casarez

UC Law SF Communications and Entertainment Journal

Although jury deliberations are kept secret, jurors sometimes speak out to the press after the conclusion of a trial about the rationale for their verdict, what pieces of evidence were important to their decision, and similar issues. Some argue that post-verdict juror interviews are harmful to the very foundation of the jury system, because they endanger defendants' fair trial rights, invade jurors' privacy, and distort public perception of jury verdicts. However, others, such as the author, consider these post-verdict interviews important, because they permit the public to gain a better understanding of the verdicts as well as the nature of …

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