Law Commons^™

Putting Teeth Into A.B. 109: Why California’S Historic Public Safety Realignment Act Should Require Reentry Programming, Kathleen Nye Flynn

Golden Gate University Law Review

Part I of this Comment provides a history of probation reform policies in California and an overview of realignment and its preceding litigation, with a focus on components that relate to rehabilitation in post-release. Part II explores how Plata laid the groundwork for California’s current focus on reform and demonstrates how realignment hinges on changing the role of probation, slowing recidivism, and improving rehabilitation opportunities. Part III argues that the State should provide mandatory guidelines for county rehabilitation efforts as part of realignment. Finally, Part IV recommends statutory language that would make rehabilitative programming for probationers a mandatory component of …

An Argument For Child Pornography Victim Restitution In The Ninth Circuit: United States V. Kennedy, Amber Pruitt

Golden Gate University Law Review

This Note argues that the Ninth Circuit erred in United States v. Kennedy by vacating restitution damages for the victims to be paid by the possessor of their images, because denying victims such restitution offends traditional understandings of the limits of proximate cause and the legislative intent behind § 2259.44 There are alternative legal tests currently used by other circuits that establish proximate cause in child-pornography-possessor cases that the Ninth Circuit should have applied in Kennedy to ensure that those responsible for harming children would not escape due liability.

Part I of this Note explains why the possession of child …