Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Death penalty

Golden Gate University Law Review

Articles 1 - 3 of 3

Full-Text Articles in Law

Locked Away For Life: The Case Against Juvenile Life Without Parole For Felony Murder, Jennifer Gomez Oct 2023

Locked Away For Life: The Case Against Juvenile Life Without Parole For Felony Murder, Jennifer Gomez

Golden Gate University Law Review

This Comment argues that life without the possibility of parole is not an appropriate sentence for juveniles who commit felony murder because of the inherent characteristics of juveniles, such as their immaturity and inability to foresee consequences. At the age of seventeen, Riley Briones was sentenced to life without the possibility of parole for his involvement in a robbery that resulted in a murder. Abused by his father throughout his childhood, Briones’ use of alcohol and drugs began early at the age of eleven. While he had aspired to attend college, Briones became a teen parent which required him to …


California’S Capital Crisis Continues: Voter-Initiated Time Limit On Capital Appellate Review Upheld Under Improper Directive Interpretation, Stephanie Nathaniel Apr 2019

California’S Capital Crisis Continues: Voter-Initiated Time Limit On Capital Appellate Review Upheld Under Improper Directive Interpretation, Stephanie Nathaniel

Golden Gate University Law Review

Part I begins with an overview of the separation of powers doctrine. Part II provides an overview of Proposition 66 and the California Supreme Court case that challenged its constitutionality. This section discusses Proposition 66’s statutory objective, the petitioners’ claim of unconstitutionality, the respondents’ claim about the initiative’s purpose, and the court’s separation of powers analysis. Part III discusses the state of California’s capital crisis by (1) examining the Briggs ruling’s effect on death-row inmates; (2) providing a brief background of California’s death-penalty system; and (3) evaluating the Briggs ruling in connection with the court’s duty to provide meaningful appellate …


Exoneration And Wrongful Condemnations: Expanding The Zone Of Perceived Injustice In Death Penalty Cases, Craig Haney Oct 2010

Exoneration And Wrongful Condemnations: Expanding The Zone Of Perceived Injustice In Death Penalty Cases, Craig Haney

Golden Gate University Law Review

In this article I argue that despite the very serious nature and surprisingly large number of these kinds of exonerations, revelations about factually innocent death-sentenced prisoners represent only the most dramatic, visible tip of a much larger problem that is submerged throughout our nation's system of death sentencing. That is, many of the very same flaws and factors that have given rise to these highly publicized wrongful convictions also produce a more common kind of miscarriage of justice in capital cases. I refer to death sentences that are meted out to defendants who, although they may be factually guilty of …