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Full-Text Articles in Law
Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson
Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson
Loyola of Los Angeles Law Review
The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible to the wall. His function is to vindicate the right of the people as expressed in the laws and give those accused of crime a fair trial.
– William O. Douglas
In Re Cook And The Franklin Proceeding: New Door, Same Dilapidated House, Christopher Hawthorne, Marisa Sacks
In Re Cook And The Franklin Proceeding: New Door, Same Dilapidated House, Christopher Hawthorne, Marisa Sacks
Loyola of Los Angeles Law Review
The California Supreme Court’s decision in In re Cook was supposed to bring about a sea change in the way trial courts conduct Franklin mitigation hearings for youthful offenders. In fact, while Cook changed the procedure for initiating a post-conviction Franklin proceeding, little else has changed, including the lack of agreement among attorneys concerning best practices in these proceedings, and a less than less-than-enthusiastic response from the criminal defense bar. Absent any guidance from higher courts, the Franklin proceeding is limited by the personal and institutional energies and preferences of judges, prosecutors, public defenders and private defense counsel. The authors …
People V. Buza: A Step In The Wrong Direction, Emily R. Pincin
People V. Buza: A Step In The Wrong Direction, Emily R. Pincin
Loyola of Los Angeles Law Review
No abstract provided.
Overdue Justice: People V. Valenzuela And The Path Toward Gang Prosecution Reform, Ryan Nelson
Overdue Justice: People V. Valenzuela And The Path Toward Gang Prosecution Reform, Ryan Nelson
Loyola of Los Angeles Law Review
No abstract provided.
Making Constitutional Sense: A Modal Approach To California's Proposition 66, Alan Romero
Making Constitutional Sense: A Modal Approach To California's Proposition 66, Alan Romero
Loyola of Los Angeles Law Review
For years, the California Supreme Court has adopted a deferential posture when reviewing state constitutional challenges to a ballot initiative. The decision in Briggs v. Brown underscored the degree to which courts are willing to avoid striking down ballot initiatives on constitutional grounds, such as by broadly construing the initiative’s language to avoid constitutional problems. In construing the language of Proposition 66 to avoid separation of powers problems, however, Briggs effectively re-interpreted central pillars of Proposition 66 in ways rendering it unrecognizable to Californians who cast votes for and against the initiative. Such recasting of ballot initiatives raises fundamental jurisprudential …
Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk
Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk
Loyola of Los Angeles Law Review
In 2014, Proposition 47 reclassified seven low-level felonies to misdemeanors, demonstrating voters’ striking rejection of California’s historically punitive sentencing policies. This Note examines the recent wave of California Supreme Court jurisprudence interpreting Proposition 47 by exploring the court’s varied readings of the initiative’s ballot materials and statutory text. While the court has liberally construed relief for affected property crimes, it has responded ambivalently in more controversial areas such as drug offenses, mandatory parole periods, and automatic resentencing. This variation reveals ideological tensions between the goal of expanding ameliorative benefits to low-level offenders and anxiety regarding public safety. This Note analyzes …
Richards Ii Takes A Bite Out Of Forensic Science, Michelle Cornell-Davis
Richards Ii Takes A Bite Out Of Forensic Science, Michelle Cornell-Davis
Loyola of Los Angeles Law Review
No abstract provided.
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein
Loyola of Los Angeles Law Review
No abstract provided.
Storming The Castle: Fernandez V. California And The Waning Warrant Requirement, Joshua Bornstein
Storming The Castle: Fernandez V. California And The Waning Warrant Requirement, Joshua Bornstein
Loyola of Los Angeles Law Review
No abstract provided.