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"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave

Publications

Part I of this Article reviews the case law regarding judicial review of both terms of imprisonment and imposition of the death penalty. In this section, I argue for consistency within this area of the law. Some jurisprudence suggests that, because "death is different," proportionality review is appropriate only in the death penalty context, and is either not required or only applies in an extremely narrow example, such as life imprisonment for a parking ticket. Part II examines Supreme Court precedent that analyzes the question of proportionality of forfeitures and punitive damages awards. In the context of forfeitures, the debate …

Anti-Reproductive-Rights Crimes In California, 2003, California Department Of Justice

California Agencies

Senate Bill 780, effective January 1, 2002, enacted two new laws: the California Freedom of Access to Clinic and Church Entrances (or California FACE) Act, and the Reproductive Rights Law Enforcement Act. The Reproductive Rights Law Enforcement Act added sections 13775 through 13779 to the California Penal Code requiring the Attorney General to collect and analyze information relating to anti-reproductive-rights crimes and submit a report to the Legislature. This publication is the result of that mandate.

An "anti-reproductive-rights crime" is defined in section 13776 (a) of the California Penal Code as "a crime committed partly or wholly because the victim …