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Repeal Of Parole And Probation Laws.

Initiatives

REPEAL OF PAROLE AND PROBATION LAWS. INITIATIVE STATUTE. Eliminates parole and adult probation systems. Requires savings to be used for construction and operation of state prisons and minimum security jails. Adjusts savings for changes in Consumer Price Index. Prohibits sentence reductions and early release of felony prisoners. Establishes minimum security jails, confining inmates up to three years and emphasizing vocational rehabilitation. Provides punishment for offenses committed at minimum security jails. Prohibits impeding implementation of portions of initiative. Requires education on criminal justice system and directs Department of Education to establish task force, to develop criminal justice education curriculum. Summary of …

Mu'min V. Virginia--Content Questioning For Media Bias In Jury Selection: Ask Them No Questions, They'll Tell You No Lies, Jill Simeone

UC Law Constitutional Quarterly

No abstract provided.

It's Time To Unfix The Criminal Justice System, Abner J. Mikva

UC Law Constitutional Quarterly

No abstract provided.

Crime Scene Videotapes: Are Television Techniques Violating The Confrontation Clause, Katharyn Bond

UC Law SF Communications and Entertainment Journal

Videotape presentations in courtroom proceedings are admissible upon the proper foundation of accuracy and faithfulness. Anyone present at the taping of the crime scene may establish the requisite foundation. The admissibility of videotaped evidence is premised on the assumption that the technology itself is neutral and reliable, and that it accurately conveys what is in front of the camera. This note counters the validity of this assumption in the context of crime scene videotapes. Grisly crime scenes are now videotaped by police officers and later used by prosecutors at trial as demonstrative evidence. This note argues that it is the …

Hong Kong's Basic Law: The Path To 1997, Paved With Pitfalls, Anna M. Han

UC Law SF International Law Review

In 1997, one hundred years of British colonial rule will end, and Hong Kong will revert back to the People's Republic of China. At that time, the political, legislative, religious, educational, economic, legal, and social aspects of life in Hong Kong will be governed by the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China." This Article discusses the historical background of Hong Kong and explores some of the troubling issues raised by the adoption of the Basic Law. The Article particularly focuses on the question of whether the main purpose of the Basic …

Toture And Inhumane Punishment Of United States Citizens In Saudi Arabia And The United States Government's Failure To Act, Jacqueline M. Young

UC Law SF International Law Review

No abstract provided.

Comment: Blinking At Reality: An Examination Of Bray V. Alexandria, Marjorie Richter

UC Law Constitutional Quarterly

No abstract provided.

Organizing For Change: A Community Law Response To Police Misconduct, Dianne L. Martin

UC Law SF Journal on Gender and Justice

This paper addresses the problem of police misconduct in a historical and theoretical context that examines prior efforts at reform and argues for the development of a new, collaborative approach. This examination critiques the domination of legal strategies in the past and looks for community-based initiatives with a view to achieving fundamental structural change. The context is local and particularized in the City of Toronto and in a community legal clinic. The lessons, it is argued, are universal. Clinic files, media accounts, and inquiry records are drawn upon to center the discussion in the "real world" of poverty, perception, and …

Clemency For Battered Women Who Kill Their Abusers: Finding A Just Forum, Alison M. Madden

UC Law SF Journal on Gender and Justice

A large number of battered women in California prisons have petitioned Governor Pete Wilson for pardon or for commutation of their prison sentences to time already served. Most of these women were sent to prison for killing their abusers in defense of themselves or their children. The legal, political, and social forces that influence the criminal trials of such women frequently ensure high conviction rates and stiff sentences. This is true despite efforts to show juries and trial courts that many battered women who kill do so out of a reasonable fear that they will suffer death or bodily harm …

A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave

UC Law Constitutional Quarterly

California's Declaration of Rights proclaims that it is independent from rights set forth in the Federal Constitution. However, the voters of California, by simple majority votes, passed Propositions 8 and 115, the so-called "victims' rights initiatives," in an effort to require California judges to interpret certain California rights no broader than the federal judiciary has interpreted similarly worded rights found in the Federal Bill of Rights. This has resulted in a conflict between the voter's right to initiate law, and the rights of all Californians to an independent Declaration of Rights. This Article does not argue that broader rights are …

The Case Against Gender-Based Peremptory Challenges , David Everett Marko

UC Law SF Journal on Gender and Justice

Since the inception of the jury system in the United States, attorneys have insisted that they be given the freedom to make "shoot-from-the hip," "seat-of-the-pants," and "gut-level" judgments about a particular juror's capacity to sit as a fair trier of fact. Unfortunately, this broad discretion has led to widespread abuses. Until relatively recently, courts have allowed potential jurors to be excluded on the basis of their race, religion, political affiliation, national origin, and gender. With the exception of gender-based preemptions, all these abuses have been judicially corrected without compromising the defendant's right to a fair trial. If the state's right …

Balancing The Fourth Amendment Scales: The Bad-Faith Exception To Exclusionary Rule Limitations, George C. Thomas Iii, Barry S. Pollack

UC Law Journal

Fourth Amendment violations are currently divided into two categories for the purpose of deciding whether to apply the exclusionary rule as a remedy. One category contains "good-faith" violations, which require no remedy. All other violations, because they are lacking in good faith, are subject to the application of the exclusionary rule when the government attempts to use evidence obtained by the violation at trial. However, the exclusionary rule, because it is limited in four major ways, does not prevent all of the possible uses of this evidence. This Article argues that the current categorization of violations is too crude; the …

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

UC Law Journal

Title 42, section 1983 of the United States Code provides for a federal civil remedy to redress systematic police abuses. Federal Rule of Civil Procedure 42(b) reinforces the general rule that a single trial be held in multiple-defendant cases, but permits judges to bifurcate multiple defendants in exceptional instances. While this rule is usually followed in ordinary civil cases, Professor Colbert describes a current trend in which many federal courts are routinely ordering bifurcation of municipal defendants in section 1983 civil rights cases. As a result, he concludes, bifurcation shields a municipality's unlawful police practices from judicial scrutiny and acts …

Hastings Law News Vol.26 No.3, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Community (Spring 1992), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

It's Time To "Unfix" The Criminal Justice System, Abner J. Mikva

Mathew O. Tobriner Memorial Lectures

No abstract provided.

Restoring The Balance Of Power: The Struggle For Control Of The Supreme Court, Terri Jennings Peretti

UC Law Constitutional Quarterly

No abstract provided.

Sex, Drugs, Pregnancy, And The Law: Rethinking The Problems Of Pregnant Women Who Use Drugs, Michelle Oberman

UC Law Journal

The media portray the pregnant drug user as a betrayer whose interests are diametrically opposed to those of her fetus and who will harm her fetus unless stopped by the state. In her Article Professor Oberman restructures the stories of pregnant addicts, describing some of the contextual factors that shape their lives and looking at issues such as why women users get pregnant and how they can be persuaded to curtail drug use during and after pregnancy. The Article then focuses on the application of child abuse and neglect laws to pregnant drug users, and demonstrates how these laws violate …

The Constitutionality Of The Use Of The Norplant Contraceptive Device As A Condition Of Probation, Melissa Burke

UC Law Constitutional Quarterly

No abstract provided.

Violence Against Undocumented Women, Sandra Henriquez Cacavas

UC Law SF Journal on Gender and Justice

The Los Angeles Commission on Assaults against Women (the "Commission") is a private, nonprofit social service agency. Since 1971, the Commission has been offering services to survivors of domestic violence and sexual assault. The Commission operates two 24-hour rape and battering hotlines, through which we receive between eight hundred and one thousand calls per month. Many of these calls are from women who are in abusive relationships or who recently have been sexually assaulted. We receive a large number of calls from Latina survivors, many of whom are undocumented immigrants. While these women often would like to report the crimes …

Public Executions: Understanding The Cruel And Unususal Punishments Clause, Steven A. Blum

UC Law Constitutional Quarterly

No abstract provided.

Involuntary Confessions And The Jailhouse Informant: An Examination Of Arizona V. Fulminante, Elizabeth A. Ganong

UC Law Constitutional Quarterly

No abstract provided.

The Prosecutor's Role In Solving The Problems Of Prenatal Drug Use And Substance Abused Children, Paul A. Logli

UC Law Journal

In this Essay Mr. Logli discusses the prosecutor's role in solving the problem of perinatal substance abuse. He notes at the outset that prosecutors cannot avoid involvement in this issue because of both the political pressure to respond and their legal duty to prevent child abuse. Given the mixed results of prosecutions to date, new legislation is required to increase prosecutors' ability to protect children at risk from parental substance abuse. However, coercive state action can play a productive role in addressing this problem only if pursued in conjunction with more supportive government policies. Therefore, Mr. Logli advocates a multidisciplinary …

Poverty Law Narratives: The Critical Practice And Theory Of Receiving And Translating Client Stories, Christopher P. Gilkerson

UC Law Journal

In critical exploration of the dissonance between the law, lawyers, and the disempowered, recent inquiries have given rise to new, enriched theories about the knowledge and discourse of the poverty lawyer. Critical scholars and practitioners are engaged in a search for theoretical and practical approaches to working for and with clients who have perspectives, needs, values, and differences that do not fit neatly into traditional conceptions of legal process and doctrine. This Article undertakes a "critical storytelling approach" to poverty law and practice.

Drawing upon critical theory, including feminist and critical race, as well as law and literature scholarship and …

When Special Needs Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey

UC Law Constitutional Quarterly

No abstract provided.

Removing Bricks From A Wall Of Discrimination: State Constitutional Challenges To Sodomy Laws, Paula A. Brantner

UC Law Constitutional Quarterly

No abstract provided.

Who Will Litigate Constitutional Issues For The Poor, Allen Redlich

UC Law Constitutional Quarterly

No abstract provided.

Democracy's Dawn American Judges And The Rule Of Law Abroad, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Beyond Cut Flowers: Developing A Clinical Perspective On Critical Legal Theory, Phyllis Goldfarb

UC Law Journal

In her Essay Professor Goldfarb examines the relationship between clinical legal education and critical legal theory. She highlights the resemblances between the two movements while elaborating a clinical educator's perspective on and critique of some of the ideas associated with critical legal studies.

As the heirs to different versions of legal realism--critical legal studies being associated with "rule skepticism," and clinical legal education with "fact skepticism"-both are engaged in a project of theoretical deconstruction. For each the goal of this project is to generate a climate favorable to social change. Professor Goldfarb, however, argues that much of the cls perspective, …

A Meditation On The Theoretics Of Practice, Robert D. Dinerstein

UC Law Journal

Professor Dinerstein's Essay examines the value and liabilities of the theoretics of practice movement. He tells the tale of a criminal case his clinic handled in which the client insisted on telling an inculpatory story. Tracing the twists of the story and noting the advocates' practices of client-centered counseling and sensitivity to concerns raised by narrative theory, he points out the unpredictable impact of such theories about practice when actually applied.

He criticizes the inaccessibility of much of the theoretics literature and questions the utility of much of it for those who actually practice law. He calls for critical examination …