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A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

Faculty Scholarship

No abstract provided.

Proportionality As An Ethical Precept For Prosecutors In Their Investigative Role, Rory K. Little

Faculty Scholarship

No abstract provided.

Amicus Curiae Brief: Cornelia Whitner V. The State Of South Carolina, Daniel N. Abrahamson

UC Law SF Journal on Gender and Justice

No abstract provided.

Uc Hastings College Of The Law Commencement Exercises Class Of 1998, Uc Hastings College Of The Law

Commencement Exercises

No abstract provided.

Juvenile Crime.

Initiatives

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; 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 of gang members committing felonies; allows disclosure of information on juveniles committing serious felonies; limits sealing of violent offenses committed by juveniles 14 or older; requires statewide reporting of felony juvenile records. Summary of estimate by Legislative …

Justice Blackmun's Capital Punishment Jurisprudence, Malcolm L. Stewart

UC Law Constitutional Quarterly

Until his final term on the United States Supreme Court, Justice Blackmun adhered to the view that the Constitution permits the imposition of capital punishment, even though he expressed personal opposition to its use. In Callins v. Collins, however, Justice Blackmun took the position that the death penalty, as currently administered, is unconstitutional. This article traces the development of Justice Blackmun's capital punishment jurisprudence over the course of the Justice's tenure on the Court.

In early cases involving broad, systematic challenges to state capital sentencing regimes, Justice Blackmun consistently showed broad deference to legislative decisions regarding the proper administration of …

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

UC Law Constitutional Quarterly

Much has been made of Justice Blackmun's supposed transformation from a "Minnesota TWin" following in the footsteps of Chief Justice Burger to a member of the Supreme Court's liberal wing aligned with Justices Brennan and Marshall. The Justice was appointed at a time when crime control was a major concern both for the American people and for President Nixon, who had pledged to put "law and order" judges on the Supreme Court. Moreover, the Justice's years on the Court coincided with a retreat from a number of the Warren Court precedents that had broadened the constitutional rights afforded criminal defendants. …

Intuition And Science In The Race Jurisprudence Of Justice Blackmun, Deborah C. Malamud

UC Law Constitutional Quarterly

In the field of race, Justice Harry A. Blackmun is most known for the stirring language in his opinions in Bakke and Weber in the late 1970s and Croson and Wards Cove in the late 1980s. After explaining why no race jurisprudence is made up of stirring language alone, Professor Malamud explores the development of Justice Blackmun's race jurisprudence from his years on the United States Court of Appeals for the Eighth Circuit to his final term on the Court. She paints a picture of a judge who did not always trust his own intuition in race cases, and who …

Subordinate Judicial Officers. Discipline.

Propositions

SUBORDINATE JUDICIAL OFFICERS. DISCIPLINE. LEGISLATIVE CONSTITUTIONAL AMENDMENT. This measure grants the Commission on Judicial Performance discretionary authority with regard to the oversight and discipline of subordinate judicial officers, subject to California Supreme Court review, according to same standards as judges. Provides that no person found unfit to serve as subordinate judicial officer after hearing before Commission shall have status required to serve as subordinate judicial officer. Responsibility of court to initially discipline or dismiss subordinate judicial officer as employee not diminished or eliminated by measure. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: Probably minor, …

State And County Early Childhood Development Programs. Additional Tobacco Surtax.

Propositions

STATE AND COUNTY EARLY CHILDHOOD DEVELOPMENT PROGRAMS. ADDITIONAL TOBACCO SURTAX. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Creates state commission to provide information and materials and to formulate guidelines for establishment of comprehensive early childhood development and smoking prevention programs. Creates county commissions to develop strategic plans with emphasis on new programs. Creates trust fund for these programs. Funding for state and county commissions and programs raised by additional $.50 per pack tax on cigarette distributors and equivalent increase in state tax on distributed tobacco products. Funds exempt from Proposition 98 requirement that dedicates portion of general tax revenues to schools. Summary …

The Future Of Comparative Law: Public Legal Systems, Clifford Larsen

UC Law SF International Law Review

No abstract provided.

Adrift But Still Clinging To The Wreckage: A Comment On Damaska's Evidence Law Adrift, John D. Jackson

UC Law Journal

No abstract provided.

Toxic Television, Editorial Discretion, & (And) The Public Interest: A Rocky Mountain Low, Clay Calvert

UC Law SF Communications and Entertainment Journal

In the modem world of newsmedia, the lines between informative news and gratuitous entertainment have been blurred by a increase in "infotainment" broadcasting and by news shows which often use violence or other entertainment devices to increase audiences. This trend has given rise to concerns that the current regulatory scheme is not properly categorizing this type of "news" and is not sufficiently warning or protecting viewers. In this article, Professor Calvert examines the questions surrounding this controversy. To illustrate some of these issues, this article looks at a recent challenge brought by a Colorado group to the renewal of the …

Spain Returns To Trial By Jury, Stephen C. Thaman

UC Law SF International Law Review

In 1995, Spain promulgated legislation reintroducing trial by jury in criminal cases. In this Article, Professor Thaman sets forth the history of jury trial in Spain, the movement towards its revival, and a detailed survey of the new juries in practice.

This Article describes the participatory right behind the jury statute and the crimes subject to its jurisdiction. It sets forth the composition of the juries and the qualifications for jury service. After a detailed examination of pre-trial procedure in the jury system, it describes jury selection and then the presentation of evidence before Spanish juries and the modification of …

Velvet Glove And Iron Fist: A New Paradigm For The Permanent War Crimes Court, David S. Bloch, Elon Weinstein

UC Law SF International Law Review

The international community is committed to the creation of a Permanent War Crimes Tribunal. The Tribunal's operating charter will most likely mirror the charters of the Yugoslav and Rwandan International War Crimes Tribunals, a model the authors argue is unsuccessful for several reasons. They believe the Yugoslav and Rwandan tribunals are largely a farce and have become mechanisms for major international war criminals to escape capital punishment.

This article proposes an alternative to the current Permanent War Crimes Tribunal as it is envisioned. The authors' alternative tribunal consists of four independent but interrelated panels: an Indictment Panel, Truth and Reconciliation …

Female Juvenile Delinquency: Sexual Solutions, Gender Bias, And Juvenile Justice, Laurie Schaffner

UC Law SF Journal on Gender and Justice

No abstract provided.

The Burdens And Benefits Of Race In America, Charles J. Ogletree Jr.

UC Law Constitutional Quarterly

Beginning with the ideals expressed in the Declaration of Independence, America has promised its citizens "equality." The underlying assumption implicit in such ideals is that equal treatment is to be applied regardless of the race of individual citizens. Such an ambitious goal of color-blindness, however, ignores the reality of dual- Americas-one for the majority, and one for the rest-and consequently fails in its attempt at fulfilling the promise. This Article, based on the author's lecture at the 1996 Matthew 0. Tobriner Memorial Lecture, examines ways in which the problems of race have been and should be addressed in legal discourse. …

Fetal Homicide Laws: Shield Against Domestic Violence Or Sword To Pierce Abortion Rights, Alison Tsao

UC Law Constitutional Quarterly

Under the common law, the intentional killing of a fetus by a party other than the pregnant woman did not constitute murder. A child had to be born alive for homicide statutes to apply. The primitive state of medicine during the common law period necessitated this "born alive" rule because doctors could not determine whether a fetus was capable of independent existence before the baby was born. Nor could doctors accurately determine the cause of death of a fetus. The present sophistication of the medical profession has largely removed the difficulties in determining the exact stage of fetal development and …

The Immigrant As Criminal: Punishing Dreamers, Bill Ong Hing

UC Law SF Journal on Gender and Justice

No abstract provided.

Riding The Punishment Wave: On The Origins Of Our Devolving Standards Of Decency, Craig Haney

UC Law SF Journal on Gender and Justice

No abstract provided.

The Laws Of Community: The Normative Implications Of Crime, Common Interest Developments, And "Celebration", Dana Young

UC Law SF Journal on Gender and Justice

No abstract provided.

The Ground-Zero Theory Of Evidence, Kim Lane Scheppele

UC Law Journal

No abstract provided.

No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva Orenstein

UC Law Journal

No abstract provided.

Polygraph Evidence: Post-Daubert, Paul C. Giannelli

UC Law Journal

No abstract provided.

The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

Truth In Adjudication, Mirjan Damaska

UC Law Journal

No abstract provided.

Vision, Abstraction, And Socio-Economic Reality, Johannes F. Nijboer

UC Law Journal

No abstract provided.

"Screw Your Courage To The Sticking-Place": The Roles Of Evidence, Stipulations, And Jury Instructions In Criminal Verdicts, James Joseph Duane

UC Law Journal

No abstract provided.

Hearsay Hazards In The American Criminal Trial: An Adversary-Oriented Approach, Gordon Van Kessel

UC Law Journal

No abstract provided.

Character At The Crossroads, Roger C. Park

UC Law Journal

No abstract provided.