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The California Racial Justice Act of 2020 ( AB 2542) bars the state from seeking or securing a criminal conviction or imposing a sentence on the basis of race, ethnicity or national origin. The Act, in part, allows a person to challenge their criminal case if there are statistical disparities in how people of different races are either charged ...
Lambert v. California, 355 U.S. 225 (1957), was a United States Supreme Court case regarding the defense of ignorance of the law when there is no legal notice. The court held that when one is required to register one's presence, failure to register may be punished only when there is a probability that the accused party had knowledge of the law before committing the crime of failing to register.
Corpus delicti. Corpus delicti (Latin for "body of the crime"; plural: corpora delicti ), in Western law, is the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny unless it can be proven that property has been stolen.
Atwater v. Lago Vista, 532 U.S. 318 (2001), was a United States Supreme Court decision which held that a person's Fourth Amendment rights are not violated when the subject is arrested for driving without a seatbelt.
Summers v. Tice, 33 Cal.2d 80, 199 P.2d 1 (1948), is a seminal California Supreme Court tort law decision relating to the issue of liability where a plaintiff cannot identify with specificity which among multiple defendants caused his harm. The case established the doctrine of alternative liability and has had its greatest influence in the area ...
The murders of unarmed African-American people at the hands of police officers has created a lot of reasonable doubt in our criminal justice system. OpenJustice, an interactive web platform led by ...
Criminal procedure in California. As one of the fifty states of the United States, California follows common law criminal procedure. The principal source of law for California criminal procedure is the California Penal Code, Part 2, "Of Criminal Procedure." With a population of about 40 million people, in California every year there are ...
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal.
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