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Full-Text Articles in Law
Possession Of Reading Material And Intent To Commit A Crime In United States V. Curtin, Anna L. Benvenue
Possession Of Reading Material And Intent To Commit A Crime In United States V. Curtin, Anna L. Benvenue
Golden Gate University Law Review
The majority opinion in United States v. Curtin held that simple possession of reading material can be evidence of a defendant's criminal intent, even without proof that the accused ever read the materials. Circuit Judge Stephen S. Trott, who wrote the majority decision, overruled prior Ninth Circuit precedent that would have made such evidence inadmissible as irrelevant under Federal Rule of Evidence 401. However, the majority also found the district court judge's failure to properly analyze the evidence under Rule 403 warranted reversal and remand. As a result, the remaining seven judges on the panel filed or joined concurrences, rather …
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 …
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.