Digital Commons Network^™

Who Should Regulate The Ethics Of Federal Prosecutors?, Rory K. Little

Faculty Scholarship

No abstract provided.

The Client Fraud Problem A Justinian Quartet, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

The Evolution Of Race In The Law The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Action For African Americans, Frank H. Wu, Reggie Oh

Faculty Scholarship

No abstract provided.

Non-Unanimous Verdicts. Prisoners' Rights Limitation. Extends Parole Terms. Sexually Violent Predators.

Initiatives

NON-UNANIMOUS VERDICTS. PRISONERS' RIGHTS LIMITATION. EXTENDS PAROLE TERMS. SEXUALLY VIOLENT PREDATORS. INITIATIVE CONSTITUTIONAL AMENDMENT. Allows five-sixths majority verdicts in criminal cases, except death penalty cases, and misdemeanor cases tried to a jury of nine or fewer persons by stipulation. Limits prisoners' rights to those established by U.S. and California constitutions. Repeals statute providing other prisoner rights. Increases length, restrictiveness and penalties for violation of parole for certain offenders. Allows parole hearings in any of five specified counties. Defines sexually violent predators and provides process for their evaluation, adjudication and civil commitment. Summary of estimate by Legislative Analyst and Director of …

Reduced Jury Size. Non-Unanimous Verdicts. Prisoners' Rights. Parole. Sexually Violent Predators.

Initiatives

REDUCED JURY SIZE. NON-UNANIMOUS VERDICTS. PRISONERS' RIGHTS. PAROLE. SEXUALLY VIOLENT PREDATORS. INITIATIVE CONSTITUTIONAL AMENDMENT. Allows juries of less than twelve persons in misdemeanor trials. Requires unanimous verdicts in trials before such juries and in death penalty cases. Allows five-sixths majority verdicts in all other criminal cases. Limits prisoners' rights to those established by U.S. and California constitutions. Repeals statute providing other prisoner rights. Increases length, restrictiveness and penalties for violation of parole for certain offenders. Restricts parole hearings to specific counties. Defines sexually violent predators and provides process for their evaluation, adjudication and civil commitment. Summary of estimate by Legislative …

Hastings Community (Summer 1995), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Orenthal James Simpson And Gender, Race And Class: In That Order, Crystal Weston

UC Law SF Journal on Gender and Justice

No abstract provided.

The Other Box: Intersectionality And The O.J. Simpson Trial, Jami Floyd

UC Law SF Journal on Gender and Justice

No abstract provided.

Beyond Black And White: Racializing Asian Americans In A Society Obsessed With O.J., Cynthia Kwei Yung Lee

UC Law SF Journal on Gender and Justice

No abstract provided.

Protective Order Enforcement: Amother Pirouette, Margaret Martin Barry

UC Law SF Journal on Gender and Justice

No abstract provided.

The Efficacy Of The California Stalking Law: Surveying Its Evolution, Extracting Insights From Domestic Violence Cases, Tatia Jorda

UC Law SF Journal on Gender and Justice

No abstract provided.

Foreword: Seeing The Elephant, C. Keith Wingate

UC Law SF Journal on Gender and Justice

No abstract provided.

Crossing The Racial Divide: Challenging Stereotypes About Black Jurors, Richard Boswell

UC Law SF Journal on Gender and Justice

No abstract provided.

Guilt, Reasonable Doubt And The Reasonable Woman, Rory K. Little

UC Law SF Journal on Gender and Justice

No abstract provided.

Evaluating The Rules Of Procedure And Evidence For The International Tribunal In The Former Yugoslavia: Balancing Witnesses' Needs Against Defendants' Rights, Alex C. Lakatos

UC Law Journal

The ongoing civil war in the former Yugoslavia is notorious for ethnically motivated human rights violations, including the use of mass rape as a weapon of war. In response to these abuses, the United Nations created an International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.

In his Note, the author analyzes the Rules of Evidence and Procedure governing the Tribunal with an eye toward protecting the needs of female rape victims who will eventually testify before the Tribunal. Because shielding rape victims from …

Individual Versus Society: The Cultural Dynamics Of Criminalizing Suicide, Benjamin P. Fay

UC Law SF International Law Review

Various societies try to deal with the problem of suicide by criminalizing assisted suicide, attempted suicide, and sometimes even suicide itself. In the United States, suicide and attempted suicide are generally no longer criminalized. However, many states are grappling with the question of whether to criminalize assisted suicide. This Note examines suicide laws in two very different cultures, England and India, in order to determine whether there is a common lesson to be learned. The author concludes that the resolution of the question of whether to criminalize suicide or attempted suicide involves weighing the individual's interest in self-determination against the …

Reinterrogation, Marcy Strauss

UC Law Constitutional Quarterly

There is no clear delineation under Miranda and Edwards of when the police may reinterrogate a suspect after ordinarily invoking the right to counsel. Logically, the prohibition cannot be indefinite. This would violate the public policy of enabling law enforcement personnel to control crime. The goals of Miranda, Edwards, and related cases establish several factors to be weighed in determining when the prohibition against reinterrogation should end. These include the length of time since the right to counsel was invoked, whether the new crime is related to the one for which the right to counsel was invoked, whether the suspect …

Exposing Human Rights Abuses--A Help Or Hindrance To Reconciliation, Richard Goldstone

UC Law Constitutional Quarterly

Despite the advent of the "new world order," international human rights violations remain a widespread problem. The propensities for such abuses are seen most recently through the widespread violence and genocide encountered in Yugoslavia and Rwanda. In an effort to address such abuses, the United Nations established the International War Crimes Tribunal for the Balkan States and Rwanda. The chief goals of the Tribunal are to collect data and try those accused of war crimes. Justice Richard Goldstone, the Tobriner lecturer, is the Prosecutor of the Tribunal.

In his lecture, Justice Goldstone describes how "truth commissions" have been used to …

Waiver Of The Right To Appeal, Robert K. Calhoun

UC Law Constitutional Quarterly

Current plea bargaining practice increasingly includes a requirement that the defendant waive any right to appeal as a condition of the plea bargain. This relatively new negotiation tactic carries with it the potential for rendering criminal appeals nearly as rare a phenomenon- as criminal trials have become under the old model of plea bargaining. This could move us one step closer to an administrative model of criminal case resolution in which neither factual nor legal issues are resolved by the courts but rather by the parties through a process of negotiation.

This Article argues against this practice, maintaining that it …

When Judges Impose The Death Penalty After The Jury Recommends Life: Harris V. Alabama As The Excision Of The Tympanic Membrane In An Augmentedly Death-Biased Procedure, Amy D. Ronner

UC Law Constitutional Quarterly

This Article examines the disturbing ramifications of sentencing statutes that allow a judge to override a jury's advisory life verdict and impose the death sentence, analyzes the importance of the jury in a criminal proceeding, its special function in the capital sentencing phase, and the ensuing devastation from a judge trumping a jury life verdict with death.

This Article then advances the position that jury override statutes do not spawn mere death bias, but actually an augmented death bias, and stresses the special significance of a jury life verdict issued in spite of that augmented death bias. This Article also …

Reporter's Draft For The Working Group On The Mission Of The Federal Courts, Renee M. Landers

UC Law Journal

No abstract provided.

When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn

UC Law Constitutional Quarterly

The increasing media saturation of society has altered the traditional roles and function of the jury in criminal trials. In several recent highly-publicized trials, most notably the Reginald Denny beating case, the jurors have been asked to publicly defend and explain their verdicts. In the past, jury verdicts were accepted as legitimate if the jury was representative of their community. Now, however, it seems that a jury must also be representative to their communities.

This new representative function of the jury has profound implications for the more traditional functions of the jury. For example, what effect does the new representative …

Killing Me Softly: Is The Gas Chamger, Or Any Other Method Of Execution, Cruel And Unusual Punishment, Peter S. Adolf

UC Law Constitutional Quarterly

Although people have debated the wisdom of the death penalty for centuries, little attention has been paid to the actual killing process. With the pace of executions in the United States increasing dramatically in recent years, courts have begun to grapple with the question of what the government can and cannot do in the process of lawfully killing someone. The decisions have been illogical and contradictory: at the time of this writing, hanging is permissible in Washington State and Montana, while California's gas chamber is unlawful "cruel and unusual punishment." The Supreme Court has never decided what the permissible limits …

Fourth Amendment Protection For Juvenile Probationers In California, Slim Or None: In Re Tyrell J., Lidia Stiglich

UC Law Constitutional Quarterly

The Supreme Court of California recently held in In re Tyrell J. that juvenile probationers are subject to random, suspicionless searches. This Comment analyses in detail the reasoning the court used to distinguish the level of suspicion required for juvenile probationers from that used for the population at large and offers some criticism of that logic. Moreover, Ms. Stiglich explores the rationales for probation and parole in general, and examines legal precedent for searches without probable cause of adult probationers and parolees and the relevance of consent to this analysis. To this end, the author discusses the Bravo, Martinez, and …

Myths And Principles Of Federalization, Rory K. Little

Faculty Scholarship

No abstract provided.

Mapping The Labyrinth Of Scientific Evidence, David L. Faigman

UC Law Journal

In Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court replaced the general acceptance standard of Frye v. United States, used in assessing the admissibility of expert testimony, with the validity standard of Daubert. The Daubert Court directed judges to actively evaluate scientific evidence and placed the initial burden of demonstrating validity of scientific evidence on the proponent of the evidence and the initial responsibility for evaluating that validity on the judge. This directive to judges, who are now expected to become sophisticated consumers of science, raises a number of questions and potential difficulties about the scope of this …

Federal Judicial Impeachment: Defining Process Due, Alexa J. Smith

UC Law Journal

The Framers of the Constitution struggled to balance the independence of the federal judiciary with the need for judicial accountability in cases of abuse or incapacity. To ensure judicial independence, the Framers granted federal judges life tenure and protected salaries, and to address judicial accountability, the Framers created the constitutional impeachment process. Congress codified further regulation of the judiciary and the impeachment process with the enactment of the Judicial Councils Act of 1980.

This Note reviews the current impeachment process as applied in the recent controversial impeachments of three federal judges and concludes that the Judicial Councils Act denies accused …

A Salute To Judge William W. Schwarzer, Carl Tobias

UC Law Journal

Upon the completion of Judge William W Schwarzer's half-decade as Director of the Federal Judicial Center, Professor Tobias salutes the distinguished jurist for his leadership in improving the civil and criminal justice systems. Appropriately, the lead Article in this issue focuses on one of the Federal Rules of Civil Procedure that Judge Schwarzer was instrumental in revising.

Too Many And Yet Too Few: New Principles To Define The Proper Limits For Federal Criminal Jurisdiction, Sara Sun Beale

UC Law Journal

Congress has responded to increasing public concern about violent crime by expanding the scope of the federal government's criminal authority. The 1994 Crime Bill continued this expansion by adding many new offenses and significantly broadening existing ones, resulting in a total of more than 3,000 federal crimes.

In her Article, Professor Beale argues that there are both too many federal criminal prosecutions and too few: too many, as measured by the present and future capacity of the federal courts and by the proper balance of the federal and state governments in handling criminal matters; and too few, because federal authorities …

Comment: The Politicalization Of Crime, J. Anthony Kline

UC Law Journal

No abstract provided.