Digital Commons Network^™

Mandating Effective Treatment For Drug Offenders, Lisa Rosenblum

UC Law Journal

Drug offense recidivism continues to plague our overburdened criminal justice system. Increases in sentencing and incarceration rates have done little to mitigate the problem. Given the unique nature of chemical addiction, traditional penal measures have been ineffective in deterring repeat offenders. Noting the failure of incarceration, this Note proposes that treatment and rehabilitation of drug offenders are more appropriate means of reducing illegal drug use. More specifically, this Note considers as models Arizona and California Acts that mandate substituting court-supervised drug treatment and education programs for incarceration. In advancing the rehabilitative ideal, these Acts have been more successful than previous …

Analyzing "The Politics Of (Evidence) Rulemaking", Eileen A. Scallen

UC Law Journal

The creation and interpretation of evidence rules is a burgeoning area for evidence scholarship. Recent changes to federal evidence law, such as the addition of rules on the admissibility of a defendant's prior sexual conduct, and the amendments to the rules regarding expert testimony, have highlighted the political and controversial aspects of procedural rulemaking. Professor Scallen, Chair of the Evidence Section of the American Association of Law Schools, was responsible for organizing the panel on "The Politics of [Evidence] Rulemaking." The panel addressed the following questions: who should make the evidence rules-the judiciary, the legislature, the executive? What role should …

Giving Codification A Second Chance--Testimonial Privileges And The Federal Rules Of Evidence, Kenneth S. Broun

UC Law Journal

The draft Federal Rules of Evidence proposed to Congress in 1972 contained a set of rules governing privileges. After a storm of protest over both the concept of codified federal privilege rules and the content of the drafted rules, Congress excluded the proposed privilege rules from its 1975 enactment of the Federal Rules of Evidence. It substituted current Rule 501, which provides for privileges to be governed by the state law of privilege in diversity cases and the "principles of the common law" in all other cases.

This Article traces the legislative history of the Federal Rules of Evidence with …

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Faculty Scholarship

No abstract provided.

Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimène Keitner

Faculty Scholarship

No abstract provided.

Ninth Place: John Ashcroft, Et Al. V. Free Speech Coalition, Et Al., Katharine Altemus, Ann6 Fokstuen

David E. Snodgrass Moot Court Competition

No abstract provided.

The Illusory Death Penalty: Why America's Death Penalty Process Fails To Support The Economic Theories Of Criminal Sanctions And Deterrence, Allan D. Johnson

UC Law Journal

The central tenet of the economic approach to criminal law is deterrence. This approach provides a useful tool to analyze the theoretical justifications of capital punishment. From an economic view, the death penalty is a logical extension of the criminal justice system's primary goal of deterrence and is arguably necessary to solve inherent deterrence problems such as marginal deterrence and discounting. Nevertheless, current empirical research on capital punishment in America has shown that, in practice, capital punishment provides, at best, very little deterrence to serious crimes. This Note discusses a few of the possible reasons why America's death penalty process …

Traffic Congestion Relief Trust Fund. Reallocation Of Motor Vehicle Sales Tax Revenues. \Initiative Statute.

Initiatives

TRAFFIC CONGESTION RELIEF TRUST FUND. REALLOCATION OF MOTOR VEHICLE SALES TAX REVENUES. INITIATIVE STATUTE. Reallocates revenues from currently authorized sales taxes on sale or lease of motor vehicles from the General Fund to a new Congestion Relief Trust Fund for programs including traffic congestion relief, highway, street, and railroad crossing improvements, rail and bus services, senior and disabled assistance, roadside recreational facilities, bicycle commuter projects, pedestrian safety, wildlife, habitat and wetland protection, air and water quality improvements and others. Specifies distribution percentages, methods, conditions and restrictions. Authorizes revenue bonds for capital outlay projects. Maintains Proposition 98 school funding level. Summary …

Transportation. Traffic Congestion Relief Fund. Allocating Sales Tax Revenues From Motor Vehicle And Motor Vehicle Fuel Sales. Initiative Statute.

Initiatives

TRANSPORTATION. TRAFFIC CONGESTION RELIEF FUND. ALLOCATING SALES TAX REVENUES FROM MOTOR VEIDCLE AND MOTOR VEHICLE FUEL SALES. INITIATIVE STATUTE. Reallocates sales taxes revenues on motor vehicle sale or lease from General Fund to new Congestion Relief Trust Fund for transportation programs including mass transit, highway improvements, and programs mitigating environmental impacts of motor vehicles and transportation facilities. Specifies distribution percentages, methods, conditions, restrictions. Authorizes revenue bonds for capital outlay projects. Also makes permanent the current allocation of motor vehicle fuel sales and use tax revenues for state highway, local road, and public transportation purposes. Maintains Proposition 98 school funding level. …

Hastings Law News 2001 Vol.2 Iss.7, Uc Hastings College Of The Law

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

No abstract provided.

Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz

UC Law SF International Law Review

No abstract provided.

United States V. Coon: The End Of Detrimental Reliance For Plea Agreements?, David Aram Kaiser

UC Law Journal

Increasingly, defendants enter into proposed plea agreements that require pre-plea cooperation with the authorities. In such a situation, the defendant acts in reliance on the proposed plea agreement. However, unlike civil contracts, there is no universally recognized principle by which the defendant can enforce the terms of a proposed agreement should the government withdraw the offer before the defendant enters a guilty plea in court. Because plea agreements are a unique hybrid of contract law and criminal procedure, it remains unclear which constitutional protections apply to them. This Note analyzes United States v. Coon, a leading federal case concerning detrimental …

The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham

UC Law SF International Law Review

International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.

This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.

Combating Fetal Substance Abuse And Governmental Foolhardiness Through Collaborative Linkages, Therapeutic Jurisprudence And Common Sense: Helping Women Help Themselves, David C. Brody, Heidee Mcmillin

UC Law SF Journal on Gender and Justice

Annually thousands of babies are born exposed to alcohol or illicit drugs while in their mother's womb. While the government has addressed the problem by punishing pregnant women and their children, the number of affected infants continues to rise. This is largely due to states taking gendered, punitive and illogical actions, which are antithetical to the social, scientific and medical research that has shown that treatment, not punishment, is the appropriate means to deal with the problem. Instead of addressing the problem honestly in search of a practical solution, states have focused on casting blame and meting out punishment upon …

The Deterrent Effect Of Arrest In Domestic Violence: Differentiating Between Victim And Perpetrator Response, Johanna Niemi-Kiesilainen

UC Law SF Journal on Gender and Justice

The effects of arrest in domestic violence have been debated since Professor Lawrence Sherman et al. published their widely cited empirical studies in the 1980s and early 1990s. These studies, however, focused on the perpetrator and did not consider the effects of arrest on the victim's willingness to report repeat violence to the police. In this article, Professor Niemi-Kiesiliinen argues that the effect of arresting the perpetrator on the behavior of the victim is a crucial factor in determining the overall effectiveness of arrest. It is likely that the arrest of the perpetrator deters violence, but it is equally possible …

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

UC Law SF International Law Review

No abstract provided.

Protecting Children From Exposure To Domestic Violence: The Use And Abuse Of Child Maltreatment Statutes, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

Extinguishing Inheritance Rights: California Breaks New Ground In The Fight Against Elder Abuse But Fails To Build An Effective Foundation, Kymberleigh N. Korpus

UC Law Journal

This Note examines the elder abuse problem in the United States by describing: state responses to its "discovery" in the late 1970s as well as the debilitating reliance upon reporting; the currently available remedies and the hurdles to using those remedies; the ethical challenges to the states' primary abuse prevention tools, and the dramatic explosion in elder abuse that is already underway. Then, this Note describes American descent doctrines, and philosophies underlying exceptions to the doctrinal testamentary freedom and value-neutrality of intestate succession statutes. It proposes the Chinese behavior-based model of inheritance as an alternative inheritance scheme that, with its …

Protecting Children From Exposure To Domestic Violence: The Use And Abuse Of Child Maltreatment Statutes, Lois A. Weithorn

UC Law Journal

In the past two decades, researchers have amassed an impressive body of empirical data demonstrating the deleterious impact of exposure to interparental violence on children. Policymakers are now confronted with the question of how society can best prevent children's exposure to domestic violence and assist those children already exposed. A range of policy initiatives aimed at promoting the well-being of exposed children have emerged in the last several years. Whereas some statutory trends have been lauded by a broad range of constituencies, others have engendered substantial controversy. There is particularly vociferous debate about statutes that bring children exposed to domestic …

Lying, Misleading, And Falsely Denying: How Moral Concepts Inform The Law Of Perjury, Fraud, And False Statements, Stuart P. Green

UC Law Journal

This Article seeks to describe the relationship between the criminal law and various concepts of deception. Deception is defined as the communication of a message that is intended to cause a person to believe something untrue. Three different kinds of deception are identified: (1) lying (deception that involves an assertion and is literally false); (2) non-lying deception, or mere "misleading" (deception that requires neither an assertion nor literal falsity); and (3) falsely denying (deception that occurs in the context of a person's denying some accusation of alleged wrongdoing). This Article argues that, other things being equal, non-lying deception tends to …

Comment, Crafting The International Criminal Court Trials And Tribulations In Article 98(2), Chimene Keitner

Faculty Scholarship

No abstract provided.

The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa

Faculty Scholarship

The purpose of this paper is to discuss the most recent changes in Japan's political environment that could radically alter its judicial system and legal profession in the near future. Reform of the judicial system and legal profession has now been placed on the national agenda, and the cast of players involved has spread from the traditional groups of legal professionals (judges, prosecutors, and attorneys) to the major actors of the larger political process, namely the Liberal Democratic Party (Jiya Minshu T6) ("LDP"), the ruling conservative party, and the Federation of Economic Organizations (Keidanren), one of the most influential organizations …

Hastings Law News 2000 Vol.2 Iss.2, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Community (Spring 2000), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Juvenile Crime.

Propositions

JUVENILE CRIME. INITIATIVE STATUTE. • Increases punishment for gang-related felonies; death penalty for gang-related murder; indeterminate life sentences for home-invasion robbery, carjacking, witness intimidation and drive-by shootings; and creates crime of recruiting for gang activities; and authorizes wiretapping for gang activities. • Requires adult trial for juveniles 14 or older charged with murder or specified sex offenses. • Eliminates informal probation for juveniles committing felonies. • Requires registration for gang related offenses. • Designates additional crimes as violent and serious felonies, thereby making offenders subject to longer sentences. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal …

"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd

UC Law SF International Law Review

On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.

This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.

American Constitution-Making: The Neglected State Constitutional Sources, Marsha L. Baum, Christian G. Fritz

UC Law Constitutional Quarterly

Early in America's history, comprehensive compilations of existing state constitutions were printed and widely available to the public. These compilations have been largely overlooked as legal sources, but provide significant insights into this country's productive culture of constitutional history and law. This Article examines the distinct sources within the compilations, their variety and availability, and the guidance they provided to early American constitution-makers and the American people. As concise and authoritative sources, they were widely used and referenced during constitutional debates. Due to their availability to the public, these compilations helped democratize the process of constitution-making. A broader understanding of …

Bad Girls And Good Sports: Some Reflections On Violent Female Juvenile Delinquents, Title Ix &(And) The Promise Of Girl Power, Cheryl Hanna

UC Law Constitutional Quarterly

In recent years, the number of female juvenile offenders has been increasing at a faster pace than that of their male counterparts. This Article explores the link between criminality and competition among women. Specifically, it examines the role that involvement in organized sports, or conversely, lack of competition, plays in the development of criminal behavior. Part I addresses the theme of female competition, violence, and sports, and draws conclusions from secondary interdisciplinary research and conversations with incarcerated juvenile females. Part II focuses upon Title IX of the Education Amendments of 1972 and suggests that the rationale behind gender equity in …

Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth

UC Law Constitutional Quarterly

The use of public nuisance injunctions against gangs and suspected gang members is an aggressive prosecutorial strategy upheld and even endorsed by a majority of the California Supreme Court in 1997 in People ex rel. Gallo v. Acuna. This Article critiques these injunctions through the lens of restorative justice principles. Restorative justice rests on the tenet that any crime is injurious, and that the best response is one that heals injuries caused to the victim, the community, and the offender. The Article argues that although anti-gang public nuisance injunctions share significant similarities with some restorative justice programs, the injunctions undermine …

Congress' Property Clause Power To Prohibit Taking Endangered Species, Sophie Akins

UC Law Constitutional Quarterly

In 1995, the Supreme Court in United States v. Lopez reined in Congress' commerce powers by holding that Congress may only regulate activities that substantially affect interstate commerce. Five years later, the Court in United States v. Morrison reaffirmed Lopez and held further that the Commerce Clause only supports Congress' regulation of activities that are economic in nature. This Note examines the repercussions of Lopez and Morrison on Congress' power to enact the Endangered Species Act under the Commerce Clause. Most scholars and courts seem to agree that the Endangered Species Act will fail under the Court's recent Commerce Clause …