Berkeley Journal of Criminal Law最新文献_第9页

Protecting the Waterfront: Prosecuting Mob-Tied Union Officials under the Hobbs Act and RICO after Scheidler 保护滨水区:根据霍布斯法案起诉与暴徒有联系的工会官员和沙伊德勒之后的RICO

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z38FS74

Ehren Park Reynolds

{"title":"Protecting the Waterfront: Prosecuting Mob-Tied Union Officials under the Hobbs Act and RICO after Scheidler","authors":"Ehren Park Reynolds","doi":"10.15779/Z38FS74","DOIUrl":"https://doi.org/10.15779/Z38FS74","url":null,"abstract":"level, Local 560 simply established for the first time that proof to a mere civil preponderance standard of the commission of an ill-defined inchoate act, the “extortion of intangible rights,” could trigger RICO’s extraordinary civil remedies. In addition, after Local 560, claims alleging commission of the otherwise criminal act of Hobbs Act extortion, of intangible rights or any other property, ceased to be the exclusive purview of government prosecutors, as the civil provisions of RICO granted standing to private plaintiffs in addition to the government. The prospect of securing the dramatic remedies of civil RICO contributed significantly to the proliferation of civil RICO suits by private plaintiffs in the mid-1980’s. The abstract injury of “intangible rights” extortion represented a particularly vague, and thus conveniently adaptable, concept upon which to base a civil RICO suit. Indeed, in 1987, shortly after the 3rd Circuit’s Local 560 decision, while the government negotiated a succession of court-supervised settlements with locals controlled by the mob, another class of plaintiffs filed a completely unrelated civil RICO suit alleging Hobbs Act extortion of intangible rights. The civil RICO complaint by the Northeast Women’s Center in Philadelphia against a local group of thirty-one abortion protesters alleged injury arising out of the protesters’ two-year campaign of blockades, harassment, and violence against the clinic. The Center contended that as a result of the often violent and destructive protests, its right to operate as a business had been extorted in violation of the Hobbs Act, and prevailed at trial and on appeal. Perhaps heartened","PeriodicalId":386851,"journal":{"name":"Berkeley Journal of Criminal Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130588787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Contraband Immunity: Updating Amsterdam, LaFave, and White's "Use Exclusion" Proposal to Limit Police Pretext 违禁品豁免:更新阿姆斯特丹，拉法夫和怀特的“使用排除”建议，以限制警察的借口

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z389W52

B. Foley

{"title":"Contraband Immunity: Updating Amsterdam, LaFave, and White's \"Use Exclusion\" Proposal to Limit Police Pretext","authors":"B. Foley","doi":"10.15779/Z389W52","DOIUrl":"https://doi.org/10.15779/Z389W52","url":null,"abstract":"For decades, legal scholars have struggled with the problem of pretextual searches and seizures. These are defined as police using their power to stop or search or arrest for one crime, usually a minor crime, as a means of triggering the ability to search, without probable cause, for evidence of other crimes. That is, police might stop a person in order to conduct a Terry frisk, or arrest a driver for speeding in order to conduct a search-incident-to-arrest or an inventory search. Police may conduct them hoping to “get lucky” and find evidence of criminality. In short, when used pretextually, protective searches amount to discretionary searches unsupported by probable cause – precisely the government oppression that the Fourth Amendment was framed to protect citizens against. The United States Supreme Court, however, has made pretextual searches permissible under the Fourth Amendment as a result of its unanimous decision in Whren v. United States, 517 U.S. 806 (1996), which held that the subjective motivations of police are irrelevant as long as their conduct is objectively reasonable; therefore, reasonable suspicion of any crime will suffice to * Professor of Law, Florida Coastal School of Law. J.D., Boalt Hall School of Law, University of California, Berkeley. A.B., Dartmouth College. I thank Ron Angerer (FCSL Class of 2013) for his outstanding research assistance. I thank Martin Witt, FCSL Research Librarian, for helping me track down old articles. I thank M.G. Piety for reviewing the draft, and I thank the Berkeley Journal of Criminal Law editors for their excellent work. I thank Dean C. Peter Goplerud for the research grant that helped me finish this article. I thank Boston University School of Law, where much of the research for this article was done when I was a Visiting Associate Professor of Law there from 2008-10. 1 Foley: Contraband Immunity: Updating Amsterdam, LaFave, and White's \"Use Published by Berkeley Law Scholarship Repository, 2012","PeriodicalId":386851,"journal":{"name":"Berkeley Journal of Criminal Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132435329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparative Reflections on American Crime Declines 对美国犯罪率下降的比较思考

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z38CV4BR9Q

David T. Johnson

引用次数: 0

Avoiding Atkins v. Virginia: How States are Circumventing Both the Letter and the Spirit of the Court's Mandate 避免阿特金斯诉弗吉尼亚案:各州如何规避法院授权的文字和精神

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z389323

J. Barger

引用次数: 2

Crisis and Opportunity in California's Prison System 加州监狱系统的危机与机遇

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z38S33B

M. Jacobson

引用次数: 1

Fidos and Fi-don’ts:Why The Supreme Court Should Have Found ASearch In Illinois v. Caballes 该做的和不该做的:为什么最高法院应该在伊利诺伊州诉卡巴莱斯案中发现搜索

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z38691X

N. Paul, Will Trachman

引用次数: 0

Watching Ghosts: Supervised Release of Deportable Defendants 看鬼:监督释放被驱逐的被告

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z38FW41

Thomas Nosewicz

引用次数: 1

The Legalization of Marijuana: A Dead-End or the High Road to Fiscal Solvency 大麻合法化:通往财政偿付能力的死胡同还是大道

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z38D057

Michelle Patton

{"title":"The Legalization of Marijuana: A Dead-End or the High Road to Fiscal Solvency","authors":"Michelle Patton","doi":"10.15779/Z38D057","DOIUrl":"https://doi.org/10.15779/Z38D057","url":null,"abstract":"California has long engaged in the debate over the legalization of marijuana and has been a wellspring of innovation in marijuana legislation. In 1996, it became the first state to legalize the medical use of marijuana. Since then fourteen other states have followed suit. California is currently considering legislation and ballot initiatives that would legalize all marijuana use, in a manner similar to alcohol. Advocates argue that California is in a state of economic crisis and that the legalization and taxation of marijuana would generate much needed revenue for the State. For the first time, this proposal has a chance of passing. California, come November, may be the first state to legalize marijuana by popular vote. The goal of this Article is to provide the framework and information necessary for a rational debate on marijuana legalization. Sections II and III of the Article provide background on the current CA state and federal laws and a comparison of the proposed initiatives. As discussed, any measure legalizing marijuana would be at odds with the federal prohibition of marijuana. Thus, before engaging in debate on any of the issues involved, it must be determined whether legalization could even be implemented. Section IV discusses this","PeriodicalId":386851,"journal":{"name":"Berkeley Journal of Criminal Law","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115549053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

A More Efficient Alternative to Fines inDeterring Corporate Misconduct 对企业不当行为进行罚款的更有效替代方案

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z380K8S

Dar Wong

引用次数: 5

How Resource Disparity Makes the Death Penalty Unconstitutional: An Eighth Amendment Argument Against Structurally Imbalanced Capital Trials 资源差距如何使死刑违宪:对死刑审判结构失衡的第八修正案论证

Berkeley Journal of Criminal Law Pub Date : 1900-01-01 DOI: 10.15779/Z38XK83

C. Isaacson

{"title":"How Resource Disparity Makes the Death Penalty Unconstitutional: An Eighth Amendment Argument Against Structurally Imbalanced Capital Trials","authors":"C. Isaacson","doi":"10.15779/Z38XK83","DOIUrl":"https://doi.org/10.15779/Z38XK83","url":null,"abstract":"Currently, attorneys utilize Sixth Amendment ineffective assistance of counsel claims as the method for challenging inadequate capital defense representation. This article argues that such challenges should be brought under the Eighth Amendment as well, as the Eighth Amendment provides the opportunity to challenge death penalty systems as a whole, whereas Sixth Amendment challenges focus only on the death sentences of individual defendants. The Eighth Amendment demands that death penalty schemes impose death sentences in a reliable and non-arbitrary manner. In order to meet the constitutionally mandated reliability, current death penalty jurisprudence requires a jury to make an individualized assessment of the particular defendant, together with the specifics of the crime, before a death sentence can be imposed. To make the individualized assessment, the jury considers evidence of mitigation presented by the defense and evidence of aggravation presented by the prosecution during the sentencing phase of a capital trial. In many parts of the United States, there exist substantial disparities between the resources enjoyed by those prosecuting capital defendants and those defending them. The State in those areas is better equipped to investigate and present evidence of aggravation than the defendant is to present evidence of mitigation. Juries * J.D. Candidate, University of California, Berkeley, 2013. Many thanks to Shana Heller, Jake Rasch-Chabot, Tracy Krause, Chris Heckman, and the rest of the Berkeley Journal of Criminal Law team for their very helpful edits and comments. Thanks also to Professor Lis Semel, who provided crucial feedback, and to Cliff Gardner and Larry Gibbs, for teaching a great class and encouraging students to learn and care about these issues. 1 Isaacson: How Resource Disparity Makes the Death Penalty Unconstitutional: Published by Berkeley Law Scholarship Repository, 2012","PeriodicalId":386851,"journal":{"name":"Berkeley Journal of Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129091053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0