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Full-Text Articles in Law
Reflections On O.J. And The Gas Chamber, J. Michael Echevarria
Reflections On O.J. And The Gas Chamber, J. Michael Echevarria
San Diego Law Review
This Article discusses the traditional justifications advanced in support of the death penalty and compares them with current empirical data. The justifications are then applied to the O.J. Simpson case. The Article examines the data and reasons for the incidence of error in convicting innocent defendants in capital cases. The type of representation available to O.J. Simpson is contrasted with the quality of representation accorded to most capital defendants. After comparing the empirical data with the ideological justifications for capital punishment, the Author concludes that capital punishment is not necessary.
People V. Hicks: Sentencing Laws And Sex Offenses - A Disingenuous Approach By The California Supreme Court, Michael A. Barmettler
People V. Hicks: Sentencing Laws And Sex Offenses - A Disingenuous Approach By The California Supreme Court, Michael A. Barmettler
San Diego Law Review
This Casenote questions the holding in People v. Hicks, a California Supreme Court decision in December 1993, which held that sex offenders are subject to multiple full-term consecutive sentences for both non-sex and sex offenses. The author argues that this decision exceeds the interpretive limits of the sex offender sentencing statutes in California. Based on a potentially applicable statutory prohibition regarding multiple punishments, this holding is criticized for abusing the court's interpretive authority. In addition, this decision is argued to open the door to a potential dramatic increase in sentences that the legislature never intended.