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Full-Text Articles in Law
How Reasonable Are Reasonable Efforts For The Children Of Incarcerated Parents?, Courtney Serrato
How Reasonable Are Reasonable Efforts For The Children Of Incarcerated Parents?, Courtney Serrato
Golden Gate University Law Review
This article will discuss the development of the laws concerning children with incarcerated parents. Ultimately, the goal is to encourage states like California to (1) expand the law regarding reasonable efforts even further, (2) encourage California prisons to take into consideration exceptions for children and incarcerated parents in implementing prison policies, and (3) provide other states with a model for proposing new laws that can be put into practice. The background of this article will explain the federal implementation of The Adoption and Safe Families Act (ASFA) and the necessary changes California made to state law after the enactment of …
Paved With Good Intentions: Title Ix Campus Sexual Assault Proceedings And The Creation Of Admissible Victim Statements, Sara F. Dudley
Paved With Good Intentions: Title Ix Campus Sexual Assault Proceedings And The Creation Of Admissible Victim Statements, Sara F. Dudley
Golden Gate University Law Review
This Comment argues that campuses should, in the course of their Title IX proceedings, ensure that anyone who takes a potentially admissible statement from a survivor has received trauma-informed interview training. Trauma-informed interviewing acknowledges the physiological effect of trauma on survivors, the impact that it can have on their ability to recall facts and details, and the limits and possibilities of obtaining information from such witnesses. In addition, campuses should limit the number of individuals who take statements from survivors and record the victim’s statements. These improvements will create statements of higher evidentiary quality. It will also mitigate the emotional …
United States V. Fidel Castro-Verdugo: Unlawfully Sentenced Defendant Is Procedurally Barred From Relief, E. Rose London
United States V. Fidel Castro-Verdugo: Unlawfully Sentenced Defendant Is Procedurally Barred From Relief, E. Rose London
Golden Gate University Law Review
In United States v. Fidel Castro-Verdugo, the Ninth Circuit held that the court lacks the jurisdiction to correct an underlying unlawful sentence imposed by the district court in the context of a probation revocation appeal. Despite clear error on the part of the sentencing judge, Defendant-Appellant (Defendant) did not timely file a petition for a writ of habeas corpus; therefore, no remedy was available to him. The dissenting opinion asserted that the court did have jurisdiction to correct the error because Defendant appealed from a later sentence erroneously based on the underlying unlawful sentence. Noting that it is the …
United States V. Rodriguez: Fresno Laser Pointer, A “Knucklehead” But Not A “Bin Laden”, Rosalyn A. Jamili
United States V. Rodriguez: Fresno Laser Pointer, A “Knucklehead” But Not A “Bin Laden”, Rosalyn A. Jamili
Golden Gate University Law Review
In United States v. Rodriguez, the Ninth Circuit overturned a harsh conviction sentencing Sergio Patrick Rodriguez to five years in prison for aiming a laser pointer at a Fresno Police helicopter, in violation of 18 U.S.C. § 39A, and an additional fourteen years in prison for attempting to interfere with its operation, in violation of 18 U.S.C. §§ 32(a)(5) and (8). The panel reversed the conviction, finding that Rodriguez did not act with reckless disregard for the safety of human life by shining the laser pointer at the helicopter, and remanded his conviction for aiming the pointer itself for resentencing.