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Primary Caregiver Diversion: How This California Law Looks Towards the Next Generation
When California Penal Code 1001.83 went into effect in January 2020, it was met with little fanfare. In some ways, this was surprising - the passage of 1001.83, or Primary Caregiver Diversion, was - and continues to be - transformative piece of legislation. Why?...
Quarterly Update: How California and the Federal Government Have Addressed Mass Incarceration, COVID-19, and Gun Violence
The ongoing coronavirus pandemic, a new presidential administration, and shifting attitudes towards law enforcement have reshaped the way the legal system approaches mass incarceration, the War on Drugs, and gun violence. Both California and the federal government...
What is the Difference Between Corporal Injury on a Spouse and Domestic Battery in California?
Introduction California’s prohibition against domestic violence consists of two statutes: domestic battery under Penal Code section 243(e)(1) and corporal injury on a spouse under 273.5(a). Even though both statutes criminalize domestic violence, the offenses - and...
COVID-19, Compassionate Release, and the CARES Act: Prison Release in the Pandemic
At first glance, Death Row Records co-founder Michael Harris, notorious “Pharma Bro” Martin Shkreli, and Ponzi scheme king Bernie Madoff may not seem to have much in common. However, all three men recently sought to reduce their lengthy federal prison sentences...
What Does the Ninth Circuit’s Holding in Miller Mean for Wire Fraud Prosecutions?
On March 20, 2020, the Ninth Circuit ruled in United States v. Miller, 2020 WL 1317275 (9th Cir.) that wire fraud requires the intent to deceive and to cheat, i.e., to deprive a victim of money or property by means of deception, overruling United States v....