In Practice: Stand Your Ground Morphs Into Self-Defense
While unusual, George Zimmerman forgoing pretrial before a judge allows for additional avenues to acquittal by a jury, explains attorney James Ching.
Criminal Law
In Practice: Stand Your Ground Morphs Into Self-Defense
DA Disbarment Doesn't Help the Victims
Those who suffered as a result of the unethical conduct likely have no recourse, explains attorney James Ching.
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DAs Fall Short on Discovery
Several recent Brady violations could mean stricter scrutiny in subsequent cases alleging prosecutorial misconduct, explains James Ching.
Supreme Court Erodes NPC Doctrine
A recent opinion removed the foreseeability requirement from finding of accomplice liability, explains Mai Linh Spencer.
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Children Aren't Adults, Even When They Kill
New Senate Bill seeks to promote discretion in juvenile sentencing, explains Reichi Lee of Golden Gate University School of Law.
Ninth Circuit Limits CFAA
In a recent en banc decision, the court held that unauthorized access was the issue, not actual or intended use of information, explains Robyn Crowther of Caldwel Leslie & Proctor.
Constitutionality of the Death Penalty Initiative
Part of the ballot measure requiring automatic commutation of sentences to life in prison may violate the separation of powers, writes James Ching.
Sentencing Commission: The Time Has Come
As the state prepares to deal with prison overcrowding, an agency designed to address the underlying issues and current laws would be beneficial, explains Steven Bonorris of UC-Hastings.
No Change in Sight for Sentencing Guidelines
In the post-Booker era, the commission must reinvent itself to provide a useful tool for the courts in determining punishment, explains Wes Reber Porter of Golden Gate University School of Law.
Defenses to Discount Fraud Stripped
In a recent decision, the Ninth Circuit made it easier for prosecutors to obtain convictions for procurement of unwarranted discounts, explains Louis Feuchtbaum of Sideman & Bancroft.
What Is 'Reasonable Doubt'?
The level of certainty necessary for a conviction is difficult to define, but augmenting the jury instructions could help jurors, explains UC-Hastings' Lara Bazelon.
Confrontation Clause Again Before High Court
The U.S. Supreme Court will decide whether expert testimony in criminal cases based on inadmissible lab reports violates the Sixth Amendment, explains Robert Calhoun of Golden Gate University.
Making a Case for the Trier of Fact
When jurors reach an unpopular verdict, as they did in the Casey Anthony trial, they're often unfairly put in the hot seat, says Chris Ritter of The Focal Point.
Revisiting the Three Strikes law
Economic and social costs are forcing the California Legislature to consider revisions to the controversial provision, explains Jeffrey Hayden.
Getting Immunity in Civil Cases
Obtaining a protective order against prosecution can further discovery in civil litigation, if prosecutors are willing to sign off, explains Orrick's Anthony De Corso.
Retrying Barry Bonds
The jury's decisions in the slugger's first criminal trial suggests strategies for a second, explains former Deputy AG James Ching.
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