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Prosecutorial Discretion And The Federalization Debate, Jamie S. Gorelick, Harry Litman

UC Law Journal

No abstract provided.

Comment: Congressional Powers And Federal Judicial Burdens, Dennis E. Curtis

UC Law Journal

No abstract provided.

Myths And Principles Of Federalization, Rory K. Little

UC Law Journal

Those who criticize the federalization of crime claim that the trend is causing a docket crisis in the federal courts. Professor Little challenges these criticisms as "federalization myths." He rebuts the claims of a crisis with an empirical analysis of workload levels in the federal courts and a historical analysis of federalization.

In his Article, Professor Little proposes a rebuttable presumption against the federalization of dual jurisdiction criminal conduct and suggests the principle of "demonstrated state failure" to determine when to override that presumption. He outlines how such a principle might operate and concludes that new federal criminal initiatives may …

Report's Draft For The Working Group On Principles To Use When Considering The Federalization Of Criminal Law, Sara Sun Beale

UC Law Journal

No abstract provided.

Reporter's Draft For The Working Group On Principles To Use When Considering The Federalization Of Civil Law, Erwin Chemerinsky

UC Law Journal

No abstract provided.

Criminal Mischief: The Federalization Of American Criminal Law, Kathleen F. Brickey

UC Law Journal

The federalization of American criminal law was not an issue that would have been discussed prior to the twentieth century. Before the turn of the century, the vast majority of crime was regulated solely by the states. However, as Congress began to exert its regulatory muscle under the Commerce Clause more frequently, it began to view the Commerce Clause as a vehicle to use in creating an increasing number of federal crimes. Today, federal statutes exist that criminalize a wide range of activity-from possession and sale of narcotics to violence against a domestic partner.

Professor Brickey documents the expansion of …

Reporters' Draft For The Working Group On Federal-State Cooperation, Harry Litman, Mark D. Greenberg

UC Law Journal

No abstract provided.

Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey

UC Law Journal

The state and federal courts largely exercise concurrent jurisdiction over most criminal law matters. Consequently, most discussions of federalization of crime involve the theoretical question of what crimes should or should not be federalized. Professor Blakey argues that an answer to this question can easily be found in the Constitution.

In his Article, Professor Blakey contends that the true focus of the discussion should not be on "federalization." Rather, he maintains, a meaningful evaluation of the federal system of criminal justice should question whether the system is responding to the antisocial behavior that leads to crime. The author believes we …

Economic Theory Applied To Civil Forfeiture: Efficiency And Deterrence Through Reallocation Of External Costs, Catherine Cerna

UC Law Journal

Punishment for drug crimes includes not only penal sanctions, but economic sanctions in the form of property forfeiture as well. Based on broad statutory language, the government appears to seize property in amounts disproportionate to the crime committed. The author contends that forfeiture lacking proportionality risks violating the Eighth Amendment's prohibition of "excessive fines" and distributes wealth in an economically inefficient manner.

The United States Supreme Court mandated an Eighth Amendment proportionality inquiry in civil forfeiture cases in the 1993 case of Austin v. United States. This Note proposes that courts imposing forfeiture abide by this mandate by engaging in …

Mapping The Labyrinth Of Scientific Evidence, David L. Faigman

Faculty Scholarship

No abstract provided.

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Hastings Law News Vol.28 No.2, Uc Hastings College Of The Law

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

No abstract provided.

Women And Rape In Ethnic Conflict And War, Dorean Marguerite Koenig

UC Law SF Journal on Gender and Justice

In 1992, a world conference urging the establishment of an international criminal tribunal was held in Sicily, Italy, sponsored by the Association Internationale de Droit Penal (AIDP), the International Institute of Higher Studies in Criminal Sciences (ISISC), the United Nations, and other groups. The years since 1992 have seen the birth of a United Nations War Crimes Tribunal, one of the most significant events of our century.

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

Mathew O. Tobriner Memorial Lectures

No abstract provided.

Illegal Aliens. Ineligibility For Public Services. Verification And Reporting.

Propositions

ILLEGAL ALIENS. INELIGIBILITY FOR PUBLIC SERVICES. VERIFICATION AND REPORTING. INITIATIVE STATUTE. • Makes illegal aliens ineligible for public social services, public health care services (unless emergency under federal law), and public school education at elementary, secondary, and post-secondary levels. • Requires various state and local agencies to report persons who are suspected illegal aliens to the California Attorney General and the United States Immigration and Naturalization Service. Mandates California Attorney General to transmit reports to Immigration and Naturalization Service and maintain records of such reports. • Makes it a felony to manufacture, distribute, sell or use false citizenship or residence …

Renters' Income Tax Credit.

Propositions

RENTERS' INCOME TAX CREDIT. LEGISLATIVE CONSTITUTIONAL AMENDMENT. • Amends Constitution by allowing a credit to qualified renters against their net income tax. • Credit to be not less than $120 for married couples filing joint returns, heads of household, and surviving spouses, and not less than $60 for individuals. • Authorizes Legislature to amend existing statutes and adopt new statutes to timely or properly administer the credit. • Applies to taxable years beginning on or after January 1, 1995. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: • Adoption of this measure would result in …

Bail Exception. Felony Sexual Assault.

Propositions

BAIL EXCEPTION. FELONY SEXUAL ASSAULT. LEGISLATIVE CONSTITUTIONAL AMENDMENT. • Amends State Constitution to add felony sexual assault offenses to crimes currently excepted from right to bail, which are 1) capital crimes; 2) felonies involving acts of violence when there is a substantial likelihood of harm to others if bail is granted; and, 3) any felony when the accused has threatened another with great bodily harm and the court finds a substantial likelihood that release would result in such harm. • Requires judicial findings upon clear and convincing evidence of likelihood that release would result in great bodily harm to others. …

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

UC Law SF International Law Review

In United States v. Alvarez-Machain, 112 S. Ct 2188 (1992), the United States Supreme Court held that the nonconsensual abduction of a Mexican citizen from Mexican territory by U.S. law enforcement officers did not violate the U.S.-Mexico extradition treaty. The Supreme Court reaffirmed the long-standing Ker-Frisbie doctrine that jurisdiction over the defendant is not impaired when the defendant is forcibly abducted abroad and is brought before the court, and upheld the Court's jurisdiction over respondent Alvarez- Machain.

The Alvarez-Machain decision has sparked a firestorm of international controversy. The opinion has been denounced by foreign governments throughout Latin America and widely …

Seeking Privacy In Wireless Communications: Balancing The Right Of Individual Privacy With The Need For Effective Law Enforcement, Charlene L. Lu

UC Law SF Communications and Entertainment Journal

This Note concerns the problem of privacy in wireless communications. Since wireless communications use the airwaves, the communications are susceptible to interception. This Note will discuss possible solutions to this privacy problem including two solutions proposed by the Clinton Administration: 1) The Clipper Chip, an inexpensive encryption device, which will allow law enforcement to tap into communications, and 2) proposed legislation that bans technology that the government cannot decode.

Racism In Our Courts: The Underfunding Of Public Defenders And Its Disproportionate Impact Upon Racial Minorities, Rebecca Marcus

UC Law Constitutional Quarterly

The severe underfunding of the nation's Public Defender System has jeopardized the criminal defendant's right to adequate assistance of counsel. The denial of this right has a disproportionate impact upon racial minorities because they are disproportionately represented by public defenders. The result is a violation of minorities' Sixth Amendment right to counsel and Fourteenth Amendment right to equal protection.

This Note examines the causes of under-funding and its effects on racial minorities. To remedy this discrimination, this Note offers several proposals, including a burden-shifting scheme, the use of the disparate impact standard to show discrimination (as opposed to the discriminatory …

Regulation Of Intercountry Adoption: Can The Abuses Come To An End, Jorge L. Carro

UC Law SF International Law Review

Because the demand for adoptable children outweighs the supply, adopting parents are increasingly exploring intercountry adoption as an alternative. Unfortunately, numerous abuses have been reported in the process. Out of frustration, as well as national pride, the sending nations have started to react against those abuses, which at times have been real, but sometimes have been just fabricated, like the rumor that foreigners buy babies to use their vital organs for transplant. Locally, restrictive legislation has been enacted, and at the regional and international level, treaties and international conventions have been adopted. This Article examines these efforts with a critical …

Toward A New Vision Of Informants: A History Of Abuses And Suggestions For Reform, Clifford S. Zimmerman

UC Law Constitutional Quarterly

Informants have long been used in American criminal law enforcement. Informants are often the best, if not the only, way to discover and thwart certain crimes, particularly crimes in which the victim is unknown or reluctant to cooperate. Because of informants' usefulness, law enforcement personnel, from prosecutors to prison guards, are tempted to abuse the informant system. No government can be supposed to have expressly instructed its spies to instigate the perpetration of crime. Nevertheless, to remain unsuspected, every spy must be zealous in the cause which he pretends to have espoused. That zeal directly encourages crime. In short, our …

Introduction, B. E. Witkin

UC Law Journal

No abstract provided.

Creating An Appetite For Appellate Reform In California, Gerald F. Uelmen

UC Law Journal

No abstract provided.

Common Regulation: Legal Origins Of State Power In America, William J. Novak

UC Law Journal

Modern, liberal constitutional scholars are obsessed with balancing private rights against public values. This balancing act presumes private rights and public values are each confined to their own spheres and intrinsically antagonistic. This antimony is portrayed as the way it should be, and always has been. Professor Novak's Article challenges this version of American constitutional history. It argues that the modern, liberal version of constitutional law is only the most recent in a long line of competing constitutionalisms of the past. More specifically, it argues that the private rights-public values antimony, which is the hallmark of modern, liberal constitutionalism, is …

Beyond Victim Impact Evidence: A Modest Proposal, Teree E. Foster

UC Law Journal

The United States Supreme Court held in Payne v. Tennessee that the introduction of 'victim impact' evidence in capital cases does not violate the Eighth Amendment's prohibition against cruel and unusual punishment. The fact finder in a capital case may consider the unique consequences of a specific murderous act in order to assess the defendant's blameworthiness and, in turn, to determine whether he should be sentenced to death.

Dean Foster wholeheartedly agrees with the reasoning underlying the Payne decision, but points out that the Court did not take its premises to their logical conclusion. In her Proposal, she sets forth …

Civil And Human Rights And The Courts Under The New Constitution Of The Russian Federation, William W. Schwarzer

Faculty Scholarship

No abstract provided.

On The Federalization Of The Administration Of Civil And Criminal Justice, William W. Schwarzer, Russell R. Wheeler

Faculty Scholarship

No abstract provided.

Taxes: Beer, Distilled Spirits. Allocation Of Funds.

Initiatives

TAXES: BEER, DISTILLED SPIRITS. ALLOCATION OF FUNDS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Imposes additional excise surtax on beer, distilled spirits. Places revenue, after collection expense, into special account, exempt from appropriation limits; allocates proceeds for specified support of: Courts (38%); Counties, (18%); Law Enforcement (9%); Emergency, Perinatal, Medical Services (5%); Victims, Children (3%); Education (15%); Research (2%); Mutual Assistance (3%); Alcohol Treatment, Recovery (4%); HIV/AIDS Prevention, Education (3%). Modifies state funding for courts; savings allocated to K-12 school funding, others, not Proposition 98 proceeds of taxes. Requires courts, law enforcement agencies, counties study and implement cost reductions, as provided. Summary …