Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal procedure (20)
- Ninth Circuit Survey (19)
- Sentences (12)
- United States (10)
- White collar crime (9)
-
- Forfeiture law (8)
- Bankruptcy (6)
- Ponzi schemes (6)
- Searches and seizures (6)
- California penal code (5)
- Evidence law (5)
- Innocence Project (5)
- Determinate sentences (4)
- Habeas corpus (4)
- Law (4)
- Secured transactions (4)
- Wrongful convictions (4)
- Bankruptcy estates (3)
- Battered person syndrome (3)
- Capital punishment (3)
- Criminal intent (3)
- Cruel and unusual punishment (3)
- Death penalty (3)
- Defense (3)
- Force law (3)
- Informers (3)
- Jury instructions (3)
- Police dogs (3)
- Prior conviction (3)
- Right of privacy (3)
Articles 61 - 90 of 120
Full-Text Articles in Law
California's Foul Strike: A Single Act Punished With Two Strikes, Dawn Philippus
California's Foul Strike: A Single Act Punished With Two Strikes, Dawn Philippus
Golden Gate University Law Review
This Note first provides an overview of the Three Strikes law, and explains how a court determines sentence enhancement under the Three Strikes law. Sections III, IV, and V describe the facts, procedural history, and the California Supreme Court's rationale for upholding the appellate court's decision. Section VI of this Note critiques People v. Benson, and the majority's conclusion that the language of the Three Strikes law is sufficiently explicit to allow enhancement of a sentence based on a conviction stayed pursuant to a statutory prohibition against punishing an act or omission under more than one penal provision. Section VI …
Criminal Procedure - Parretti V. United States, Nedia L. Desouza
Criminal Procedure - Parretti V. United States, Nedia L. Desouza
Golden Gate University Law Review
In Parretti v. United States, the United States Court of Appeals for the Ninth Circuit, sitting en banc, addressed two constitutional claims: (1) whether Giancarlo Parretti's arrest pursuant to an Extradition Treaty with France violated the Fourth Amendment; and (2) whether his detention without bail prior to the French government's request for his extradition violated the Due Process Clause of the Fifth Amendment. The en banc court refused to address these issues, however, claiming that since Parretti fled the United States while his appeal was pending, he was a fugitive from justice. The en banc court therefore dismissed his appeal …
Injunctions As A Tool To Fight Gang-Related Problems In California After People Ex Rel Gallo V. Acuna: A Suitable Solution?, Bergen Herd
Golden Gate University Law Review
This Note first discusses different approaches available to law enforcement and courts to combat gang-related problems. Second, this Note describes the facts and procedural history of People ex reI Gallo v. Acuna and provides the California Supreme Court's rationale for upholding the injunction. Third, this Note critiques People ex reI Gallo v. Acuna by exploring potential problems of using an injunction as a method to fight crime. Lastly, this Note concludes that the application of public nuisance law is a powerful, constitutional method of abating gang violence and terrorism.
California's Antistalking Statute: The Pivotal Role Of Intent, Christine B. Gregson
California's Antistalking Statute: The Pivotal Role Of Intent, Christine B. Gregson
Golden Gate University Law Review
Since 1990, prosecutors have learned that in order to effectively protect victims, antistalking laws must be broad in scope, carry substantial penalties, and pass constitutional muster. Convicted stalkers have repeatedly attacked the law as unconstitutional. All such challenges have failed. However, the California legislature has clarified and strengthened the antistalking law through a series of revisions over the past eight years.s Today, the antis talking law is broad in scope and has repeatedly passed constitutional scrutiny. However, the level of intent that the antistalking statute currently requires could pose problems for prosecutors by allowing accused stalkers to escape liability by …
Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards
Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards
Golden Gate University Law Review
This comment will show that courts have construed the "force" element to exclude a broad range of coercive conduct. This application perpetuates rape myths and enables assailants to use a broad range of force without the act being legally recognized as "rape." Part I explains the development of rape jurisprudence to illustrate how the law has evolved to emphasize the "force" element. Part II examines rape myths that affect the courts' application of the "force" element. The purpose of this section is to dispel the "violent stranger" rape myth and to illustrate that the most typical "force" used by perpetrators …
Mckenzie V. Day: Is Twenty Years On Death Row Cruel And Unusual Punishment?, Amber A. Bell
Mckenzie V. Day: Is Twenty Years On Death Row Cruel And Unusual Punishment?, Amber A. Bell
Golden Gate University Law Review
In 1976, the United States Supreme Court decided that capital punishment does not violate the Eighth Amendment's protection against cruel and unusual punishment. This note raises the question whether extended incarceration on death row invokes the protections of the Eighth Amendment. This note examines four aspects of this issue. First, it traces the facts and procedural history of McKenzie. Second, the history of cruel and unusual punishment jurisprudence is discussed. Third, it details and analyzes the majority and dissenting opinions. Finally, it demonstrates that McKenzie is a poorly reasoned opinion.
People V. Davis: California's Murder Statute And The Requirement Of Viability For Fetal Murder, Julie N. Qureshi
People V. Davis: California's Murder Statute And The Requirement Of Viability For Fetal Murder, Julie N. Qureshi
Golden Gate University Law Review
In People v. Davis, the California Supreme Court held that the viability of a fetus is not required for a murder conviction under California Penal Code section 187(a). The Davis court ruled that the third-party killing of a fetus with malice aforethought is murder under California's murder statute so long as the state can show that the fetus has progressed beyond the embryonic stage of seven to eight weeks. This decision overturned eighteen years of California appellate court holdings.
The Absence Of Malice? In Re Christian S., The Second Wind Of The Imperfect Self-Defense Doctrine, Kevin Patrick Mcgee
The Absence Of Malice? In Re Christian S., The Second Wind Of The Imperfect Self-Defense Doctrine, Kevin Patrick Mcgee
Golden Gate University Law Review
This comment will first discuss the background and development of the imperfect self-defense doctrine. The comment will then examine the majority and dissent's analyses in In re Christian S. Finally, the comment will argue that contrary to the majority opinion, imperfect self-defense no longer has a viable foundation, and should no longer be recognized.
Custis V. United States: Are Unconstitutional Prior Convictions Being Used To Increase Prison Terms?, Barry W. Strike
Custis V. United States: Are Unconstitutional Prior Convictions Being Used To Increase Prison Terms?, Barry W. Strike
Golden Gate University Law Review
This note will first explain the facts of Custis' case and then discuss the background of the Armed Career Criminal Act. The ACCA discussion will be followed by a review of the procedural history and the Supreme Court's analysis of Custis' case. The note will then offer a critique of the Court's interpretation of the language and legislative intent behind the ACCA. Finally, the note will conclude that the Custis decision illustrates increasing judicial effort to curtail the availability of post-conviction relief formerly available to criminal defendants.
The Dilemma Of Difference: Race As A Sentencing Factor, Palcido G. Gomez
The Dilemma Of Difference: Race As A Sentencing Factor, Palcido G. Gomez
Golden Gate University Law Review
This paper addresses the dilemma of difference, specifically that associated with the race of an offender, as it affects criminal sentencing under the federal sentencing guidelines mandated by the Sentencing Reform Act. I argue that federal judges should continue to consider an offender's race as a mitigating factor when imposing criminal sentences, despite language to the contrary in the guidelines and the enabling statute.
Tougher Prosecution When The Rapist Is Not A Stranger: Suggested Reform To The California Penal Code, Allison West
Tougher Prosecution When The Rapist Is Not A Stranger: Suggested Reform To The California Penal Code, Allison West
Golden Gate University Law Review
This article advocates changes to existing California statutes to better protect the rights of victims of nonstranger rape. As this article will show, the mere happenstance that a victim knows her rapist too often changes the dynamics of the prosecution and the perception of the victim. Section II of this Article discusses the differences between stranger and nonstranger rape, looking specifically at the psychological factors that distinguish the victims of each type of crime. Section II also focuses on the nonstranger rape victim's difficulty in reconciling that the randomness of the violence against her is absent compared to the victim …
Reforms To Criminal Defense Instructions: New Patterned Jury Instructions Which Account For The Experience Of The Battered Woman Who Kills Her Battering Mate, Deborrah Ann Klis
Reforms To Criminal Defense Instructions: New Patterned Jury Instructions Which Account For The Experience Of The Battered Woman Who Kills Her Battering Mate, Deborrah Ann Klis
Golden Gate University Law Review
This comment uses the plight of Brenda Denise Aris to illustrate the criminal defenses available to a battered woman who kills her aggressor. Since the 1989 decision in Aris, California Governor Pete Wilson granted executive clemency to Aris. Governor Wilson reduced Aris' fifteen years to life sentence to twelve years to life. Another significant event since the decision in Aris is the passage of California Assembly Bill 785 in 1991. The Bill added Section 1107 to the California Evidence Code, which permits expert testimony regarding battered woman syndrome. The testimony may include expert opinion concerning the physical, emotional, or mental …
Deaf Justice?: Battered Women Unjustly Imprisoned Prior To The Enactment Of Evidence Code Section 1107, Scott G. Baker
Deaf Justice?: Battered Women Unjustly Imprisoned Prior To The Enactment Of Evidence Code Section 1107, Scott G. Baker
Golden Gate University Law Review
On March 5, 1993, Assembly Bill 2295 (hereinafter AB 2295) was introduced by Assembly Member Barbara Friedman. On October 11, 1993, the Governor of the State of California vetoed AB 2295. Assembly Bill 2295 was designed to provide a fair and even application of the law to those individuals affected by the issue of battered woman syndrome (hereinafter BWS). Battered women charged with criminal activity after January 1, 1992 are permitted to present battered woman syndrome expert testimony at their trials pursuant to Evidence Code Section 1107.8 Battered women convicted prior to this date remain unjustly imprisoned because they have …
Courtroom, Code And Clemency: Reform In Self-Defense Jurisprudence For Battered Women
Courtroom, Code And Clemency: Reform In Self-Defense Jurisprudence For Battered Women
Golden Gate University Law Review
This article is a reproduction of a panel discussion which took place at Golden Gate University School of Law in January 1993. Of the four panelists who participated in the discussion, three panelists' comments are reprinted here. Thanks to Gina Harmon, Sarah Hughes and Rosanne Calbo-Jackson for their work, along with the Golden Gate Feminist Jurisprudence Speaker Series, in organizing this event. Much appreciation goes to Karen Brkick for her help in typing this article and to Rosanne Calbo-Jackson for her editing of this article. Also, thanks to Richard Karoly for filming the panel discussion. Finally, thank you to Professors …
Criminal Procedure - Cooper V. Dupnik: Unlawful Interrogation Invites Liability, Stacey L. Kepnes
Criminal Procedure - Cooper V. Dupnik: Unlawful Interrogation Invites Liability, Stacey L. Kepnes
Golden Gate University Law Review
No abstract provided.
Criminal Procedure - The Robert Alton Harris Decision: Federalism, Comity, And Judicial Civil Disobedience, Deirdre J. Cox
Criminal Procedure - The Robert Alton Harris Decision: Federalism, Comity, And Judicial Civil Disobedience, Deirdre J. Cox
Golden Gate University Law Review
This article touches on only three of the many issues raised by the Harris case. First, it explores the appropriateness of Harris' section 1983 class action filed on behalf of all California death row inmates. Specifically, Harris argued that death by lethal gas constitutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. The Supreme Court characterized the section 1983 action as an attempt to avoid the application of McCleskey v. Zant, which bars successive claims for relief. By way of an extensive historical analysis of each, this article examines the respective roles of …
Criminal Procedure - United States V. Roe: Child Abuse Warrants Departure From Sentencing Guidelines In Extraordinary Circumstances, Sara Vukson Winter
Criminal Procedure - United States V. Roe: Child Abuse Warrants Departure From Sentencing Guidelines In Extraordinary Circumstances, Sara Vukson Winter
Golden Gate University Law Review
No abstract provided.
Criminal Procedure - United States V. De Gross: The Ninth Circuit Expands Restrictions On A Criminal Defendant's Right To Exercise Peremptory Challenges, Eric K. Ferraro
Criminal Procedure - United States V. De Gross: The Ninth Circuit Expands Restrictions On A Criminal Defendant's Right To Exercise Peremptory Challenges, Eric K. Ferraro
Golden Gate University Law Review
No abstract provided.
Criminal Procedure - United States V. Restrepo: Uncharged Conduct Now Considered In The Ninth Circuit Under Federal Sentencing Guidelines, Matthew A. Goodin
Criminal Procedure - United States V. Restrepo: Uncharged Conduct Now Considered In The Ninth Circuit Under Federal Sentencing Guidelines, Matthew A. Goodin
Golden Gate University Law Review
In United States v. Restrepo, the Ninth Circuit, on a petition for rehearing, held that conduct of which the defendant was neither charged nor convicted could be taken into consideration at the defendant's sentencing hearing. The court reasoned that this interpretation is consistent with the clear intent of the United States Sentencing Commission and the Federal Sentencing Guidelines. The Ninth Circuit also held that when considering uncharged conduct at defendant's post-conviction sentencing hearing, a preponderance of the evidence standard is sufficient for due process concerns. When used to enhance a sentence, however, a more demanding interpretation of the standard is …
Criminal Procedure - United States V. $124,570 Us Currency: Disinfecting Administrative Airport Security Searches, Gary Garrigues
Criminal Procedure - United States V. $124,570 Us Currency: Disinfecting Administrative Airport Security Searches, Gary Garrigues
Golden Gate University Law Review
No abstract provided.
Criminal Procedure - Spain V. Rushen: Shackles Or Show Time? A Defendant's Right To See And Be Seen, Randall E. Tuskowski
Criminal Procedure - Spain V. Rushen: Shackles Or Show Time? A Defendant's Right To See And Be Seen, Randall E. Tuskowski
Golden Gate University Law Review
No abstract provided.
Criminal Law Summary, Gary Garrigues
Criminal Law Summary, Gary Garrigues
Golden Gate University Law Review
No abstract provided.
United States V. Schlette: Dead Men Do Tell Tales, Kenneth Y. Nakamura
United States V. Schlette: Dead Men Do Tell Tales, Kenneth Y. Nakamura
Golden Gate University Law Review
The issue of disclosure of criminal presentence reports has been debated at length over the last forty years. The development in this area has been primarily within the context of disclosure to the subjects of the reports. This article will examine the basis for which disclosure to a third party was allowed for the first time.
Criminal Procedure, Shawn B. Jensen
Criminal Procedure, Shawn B. Jensen
Golden Gate University Law Review
When a jury becomes deadlocked and cannot reach a verdict for lack of unanimity, federal district courts often attempt to break the jury's deadlock by giving a supplemental instruction, usually called an "Allen charge," which urges the jurors to reconsider their views in order to attain a unanimous verdict. This article reviews the use of this type of supplemental instruction in the Ninth Circuit. Principally the article analyzes the approach previously taken by the Ninth Circuit Court of Appeals in upholding Allen charges. It then evaluates the impact of Lowenfield v. Phelps, the recent Supreme Court case addressing the subject. …
Criminal Law, Kristen L. Chesnut
Criminal Law, Kristen L. Chesnut
Golden Gate University Law Review
No abstract provided.
Criminal Law And Procedure, Veronica A. Franz Gundred, Richard A. Nebb
Criminal Law And Procedure, Veronica A. Franz Gundred, Richard A. Nebb
Golden Gate University Law Review
No abstract provided.
The Curtilage Of Oliver V. United States And United States V. Dunn: How Far Is Too Far?, Thomas E. Curran Iii
The Curtilage Of Oliver V. United States And United States V. Dunn: How Far Is Too Far?, Thomas E. Curran Iii
Golden Gate University Law Review
Oliver and Dunn present substantial difficulties to police and courts attempting to implement the rules of the cases in the field and courtrooms. An examination of the two cases reveals that no genuinely autonomous doctrine has been revived: applying the open fields "doctrine" of Oliver and Dunn involves virtually the same inquiries as the "reasonable expectation of privacy" test of Katz. Rather than providing a bright line rule that will efficiently dispose of fourth amendment problems, it is readily foreseeable that in addition to challenges under Katz, defendants will also routinely challenge residential searches under Oliver and Dunn. Because analysis …
Criminal Procedure, Jimmy L. Hom
Criminal Procedure, Jimmy L. Hom
Golden Gate University Law Review
No abstract provided.
Criminal Law And Procedure, Elisa R. Paisner, Michael S. Williams
Criminal Law And Procedure, Elisa R. Paisner, Michael S. Williams
Golden Gate University Law Review
No abstract provided.
Child Sexual Abuse In California: Legislative And Judicial Responses, Robert Mertens
Child Sexual Abuse In California: Legislative And Judicial Responses, Robert Mertens
Golden Gate University Law Review
This Comment focuses on recent and proposed changes in California law that have occurred as a result of our "discovering" that thousands of children in this state are sexually abused each year. The majority of laws enacted will undoubtedly benefit the children who come in contact with the courts. However, a well-developed body of legislative and common law has been forged over the past century in California and should not be improvidently discarded. Many of the evidentiary issues relating to child molestation cases have been addressed by both the legislature and the courts over the years. Perhaps the true test …