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Out Of Step: When The California Street Terrorism Enforcement And Prevention Act Stumbles Into Penal Code Limits, J. Franklin Sigal
Out Of Step: When The California Street Terrorism Enforcement And Prevention Act Stumbles Into Penal Code Limits, J. Franklin Sigal
Golden Gate University Law Review
This Comment focuses on how the multiple-punishment prohibition of section 654 applies to the enhancements of one particular California statute: the Street Terrorism Enforcement and Prevention ("STEP") Act, a piece of anti-gang legislation passed in 1988 in the wake of rampant gang-related violence in the Los Angeles area. Specifically, this discussion centers on the imposition of multiple gang-enhancement provisions on a single defendant who engages in a single crime spree. If section 654 does apply to gang enhancements, then the prosecutorial practice of attaching them to every criminal charge in an indictment violates the intent of this Penal Code section, …
Criminal Procedure, Jimmy L. Hom
Criminal Procedure, Jimmy L. Hom
Golden Gate University Law Review
No abstract provided.
The Company Of Scoundrels, Ronald J. Bacigal
The Company Of Scoundrels, Ronald J. Bacigal
Law Faculty Publications
With respect to sentencing, double jeopardy analysis turns on whether Congress clearly expressed its intent to impose multiple punishments on repeat sex offenders. It is questioned whether Brett M. Shockley clearly demonstrated a violation of double jeopardy. While the constitutionality of the current laws remains in doubt, there is less doubt surrounding Shockley's attack on the wisdom of what Congress and the courts have wrought. Solution 1 proposes that life imprisonment be replaced by a maximum punishment of 25 years for repeat offenders. The downside to this pragmatic solution is that the government appears to be saying that it may …