Criminal procedure - witnesses and jurors - California enacts ban on receipt of money for information

Article Abstract:

California's recently adopted Brown-Kopp Act raises serious constitutional concerns and may be unconstitutional. The act prevents witnesses and jurors from receiving compensation for information concerning any criminal case they are involved in for a specified period of time following a trial. The measure is intended to support the right to a fair trial, but it raises First Amendment concerns because it places restrictions on speech based on content, is overly broad, and does not meet a compelling state interest that sufficiently outweighs the limitation placed on freedom of expression.

Laws, regulations and rules, Witnesses, Free press and fair trial, Pretrial publicity, Right to fair and impartial trial, Jury, Juries

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Criminal procedure - venue - Third Circuit finds venue for firearms charge improper in district where only predicate offense occurred

Article Abstract:

The US 3d Circuit Court of Appeals in 1997's United States v. Palma-Ruedas incorrectly held that defendants cannot be tried in venues where they did not use or carry firearms under section 924(c)(1) of the Gun Control Act of 1968. The court should not have followed the 9th Circuit in its ruling that such a rule applies even if the predicate crime was committed in the subject venue. The decision is incorrect doctrinally and will increase inefficiencies in the administration of justice.

United States, Firearms, Venue, Venues (Law), Police charges

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Criminal law - evidence - California Supreme Court holds that statements made during juvenile transfer hearing may be used for impeachment

Article Abstract:

The California Supreme Court in 1997's California v. Macias incorrectly ruled that testimonial evidence obtained by probation officers during transfer hearing assessments is admissible in subsequent juvenile criminal trials. The court held that prior inconsistent statements can be used for impeachment purposes. The holding is contrary to Fifth Amendment principles and the principles underlying the juvenile system.

Juvenile offenders, Impeachments, Impeachment, Evidence, Criminal, Criminal evidence

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