Law Commons^™

Summaries: Criminal Law & Procedure, Michelle T. Leighton

Golden Gate University Law Review

No abstract provided.

Criminal Law & Procedure, Samuel Santistevan, Douglas Buchanan

Golden Gate University Law Review

No abstract provided.

Electronic Monitoring Of Probationers: A Step Toward Big Brother?, Julie M. Houk

Golden Gate University Law Review

Recently, high technology has found an application in the area of probation. Although the probation technology does not parallel the intrusiveness of some of the previously mentioned electronic surveillance techniques, such an application of high technology may lead to greater intrusions on not only the privacy of persons convicted of crimes, but on society in general. This comment will discuss an existing probationer surveillance program in New Mexico, an analysis of electronic surveillance under the fourth amendment, post-conviction rights, and whether or not such a monitoring program is a valid condition of probation under federal and state statues.

Panel: Sentencing

Golden Gate University Law Review

Of all the decisions facing trial judges, those surrounding sentencing are the most difficult. Public opinion focuses on the sentencing of criminal defendants - particularly those defendants whose trials have received media attention - and public outrage results from what is perceived as a "light" sentence. Judges are called upon to be "tougher" on criminals, and women judges in particular are perceived as being too lenient. The NAWJ, in recognition of the difficulty faced by all judges in the area of sentencing, presented the panel on Sentencing to share and discuss viewpoints on this issue.

Criminal Law And Procedure, Louise Pierce Sabella, Ansel D. Kinney, Thomas M. Hostetler

Golden Gate University Law Review

No abstract provided.

Criminal Law And Procedure, Cheryl C. Rouse, William M. Audet, Grant D. Green, Robert F. Waggener

Golden Gate University Law Review

No abstract provided.

Specific Enforcement Of Broken Plea Bargains In California: People V. Calloway, Lawrence E. Butler

Golden Gate University Law Review

Since the California Supreme Court approved the practice of plea bargaining in People v. West, the courts have struggled with determining the proper remedy for a broken plea bargain. The most common remedy is to allow the defendant to withdraw his plea. Where a defendant agrees to plead guilty in exchange for an agreed upon disposition of the case, plea withdrawal adequately remedies a resulting broken agreement by returning the defendant to the pre-plea bargained position.

In certain cases, however, specific enforcement of the plea bargain may be allowed as an alternative remedy and is most likely to be available …

Expanding The Automobile Search Incident To Arrest: New York V. Belton, Patrick Coughlin

Golden Gate University Law Review

This Note will examine the basis for the holding in Belton, consider the changes in existing search incident to arrest law and the effects that it will have on other areas of the law.

Criminal Law & Procedure, Patricia A. Seitas, C. Elliot Kessler, Steven Booska, Mark F. Liscio

Golden Gate University Law Review

No abstract provided.

Homicide In Response To A Threat Of Rape: A Theoretical Examination Of The Rule Of Justification, Judith Fabricant

Golden Gate University Law Review

This paper will attempt to show the criminal law has permitted homicide when committed in order to prevent crimes which threaten harm so severe and permanent as to be incapable of repair through subsequent legal proceedings. Rape has consistently been regarded as such a crime. The paper will identify the interests which rape has been seen to threaten as those interests which derive their significance from a social system in which women are the property of men. It will argue that, to the extent changing social values have reduced the significance of those interests, they are no longer adequate to …

The Crime Of Criminal Sentencing Based On Rehabilitation, Louis R. Lopez

Golden Gate University Law Review

A lively debate began in the late 1970's on the topic of criminal sentencing. A major attack was launched on the indeterminate sentence and its companion concepts of probation and parole. Changes in state law on indeterminate sentencing were made but some writers rose to defend the indeterminate sentence and its justification - the rehabilitative theory of punishment. It is not clear how long and intense the struggle will be before the rehabilitative (a.k.a. reform, treatment) theory is put to rest or at least put in proper perspective; it should exist not as a basis for a sentencing plan but …

Criminal Law And Procedure, Patricia A. Seitas, Robinson R. Ng, Jill A. Schwendinger, Bonita L. Marmor

Golden Gate University Law Review

No abstract provided.

Criminal Law And Procedure, Lee R. Roper, John Douglas Moore, Paige L. Wickland, Charles Ferrera

Golden Gate University Law Review

No abstract provided.

The Ninth Circuit: No Place For Drug Offenders, Bill Ong Hing

Golden Gate University Law Review

No abstract provided.

Criminal Law & Procedure, James Detwiler

Golden Gate University Law Review

No abstract provided.

Will Rape Ever Be A Crime Of The Past? A Feminist View Of Rape Law Reforms, Kathleen Quenneville

Golden Gate University Law Review

No abstract provided.

The Single Mother As Criminal Defendant: A Practitioner's Guide To The Consequences Of Incarceration, Patricia Cummings

Golden Gate University Law Review

No abstract provided.

Criminal Law & Procedure, Geoffrey Beaty

Golden Gate University Law Review

No abstract provided.

People V. Wingo And In Re. Rodriguez: Judicial Control Of Indeterminate Sentencing, Eugene E. White

Golden Gate University Law Review

No abstract provided.

People V. Ruthford: The Prosecution's Duty To Disclose, Kei-On Chan

Golden Gate University Law Review

No abstract provided.

Murguia V. Municipal Court: California Recognizes The Defense Of Discriminatory Prosecution, Sheri L. Perlman

Golden Gate University Law Review

No abstract provided.

Criminal Law & Procedure, Peter H. Wishart

Golden Gate University Law Review

No abstract provided.

Criminal Law & Procedure, Pamela J. Jester

Golden Gate University Law Review

No abstract provided.

People V. Orin: Penal Code Section 1385 Dismissals And The Effectuation Of Plea Bargains, Robert N. Weaver

Golden Gate University Law Review

No abstract provided.

Probable Cause For Pretrial Detention: Does Gerstein V. Pugh Adequately Insure Its Existence?, Stephen D. Winter

Golden Gate University Law Review

No abstract provided.

Who's Watching The Watchman? The Regulation, Or Non-Regulation, Of America's Largest Law Enforcement Institution, The Private Police, Gloria G. Dralla

Golden Gate University Law Review

The first two sections of this article deal with the historical development of controls over public police in England and the United States. It is the thesis of the first section that a centralized police system was adopted in England with considerable reluctance, despite an obvious need for the replacement of the existing methods for dealing with crime and disorder. This reluctance was overcome only by an agreement to impose strict controls and limitations on police power. Our discussion of public police in the United States concludes that Americans, who were perhaps even more hostile than the English to the …

The Public Inebriate And The Police In California: The Perils Of Piece-Meal Reform, Peter Goodman, Richard Idell

Golden Gate University Law Review

No abstract provided.

Winters V. Cook, 489 F.2d 174 (1973) - Authority Of Defense Attorney To Make A Binding Waiver Of The Client's Rights, Bertrand Leblanc Ii, Virginia Mcconnell

Golden Gate University Law Review

No abstract provided.

Post Conviction Legal Aid In County Jails: A Model Law Student Counseling Program, Peter Van Name Esser

Golden Gate University Law Review

Authors: Peter Van Name Esser, et al.

Crimes And Criminal Due Process

Golden Gate University Law Review

No abstract provided.