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1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicia

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial

Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be

Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be

Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be

Prosser and Keeton on the Law of Torts, 5 ed. (1984), p. 360.th7Linden, Canadian Tort Law, 7th ed., at pp. 389

With all due respect to Dr. Herbert Modlin, his thesis does not do justice to the manyinnocent accident victims who suffer pain in silence, with indescribable sadness and with despair.Reactions to traumatic events effect people biologically, psychologically and socially. As23Hoffman, et al., state ,24"At the psychological level, traumatic reactions affect thinking, feeling andbehaviour. In the acute phaseafter a period of shock theremaybe anxiety, insomnia,nightmares,sensitivityto noise, fatigueandpain intrusiverecollectionsofthetraumain thoughts or images, either spontaneously or when reminded of the trauma. In thelong term there may be emotional disability (with or without physical injury) that iscomplicated by depression, irritability, philosophical pessimism, loss of hope anddecreased expectations in life, which eventually lead to personality change."(Underlining mine)According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation

According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation only if an injured person'simpairments were physical in nature. Claims for emotional distress unadorned with any physicalcomponent resulted in the claim being dismissed.However, if the emotional distress claim could be characterized as a "chronic pain claim"with both physical and psychological aspects, compensation was permitted (see in this regard,Chrappa v Ohm).During the OMPP era plaintiffs' counsel went to great lengths to meld26psychological distress with a physical component in order to be free of the rigid straightjacket of theOMPP threshold.With Bill 164, which took effect on January 1, 1994 and governed motor vehicle accidentcases until October 31, 1996, there was no impediment to obtaining compensation for a "seriousimpairment of an important physical, mental or psychological function". Bill 59 (which applies tomotor vehicle accidents between November 19

SEYMOUR , Chief Judge. After a joint jury trial, co-defendants Ardashir (aka Ardie) and Daryoush (aka Steve), along with Jalal (aka Jack) Rahseparian, were convicted of conspiracy to commit mail fraud, mail fraud, and money laundering. All three appealed. Jack's appeal is addressed in the companion opinion, see United States v. Rahseparian, No. 99-6031 (Nov. 7, 2000). Ardie contends on appeal that the evidence is insufficient to sustain his conviction. Ardie and Steve contend a new trial is necessary due to the prosecutor's comment on their failure to testify in violation of Griffin v. California, 380 U.S. 609 (1965). Steve further claims a new trial is required because of certain incriminating hearsay statements elicited by the prosecutor in violation of Bruton v. United States, 391 U.S. 123 (1968). We affirm. I BACKGROUND Ardie and Steve Rahseparian are the sons of Jack Rahseparian. At the time of the conduct for which they were charged, Steve resided in Altoona, Pennsylvania, Ardie resided in Fort Smith, Arkansas, and Jack resided and worked in Shawnee, Oklahoma. The government contended at trial that Ardie and Steve Rahseparian formed Genesis Marketing, a telemarketing company, through which they and their father conspired to commit and did commit mail fraud from May 1994 to May 1995. The government further successfully argued that Ardie, Steve, and Jack Rahseparian laundered the proceeds from the telemarketing scheme through Jack's business checking accounts. Brad Russell, the company's only employee other than the Rahseparians themselves, testified on behalf of the government. Mr. Russell was a personal friend of Ardie. The two worked out of Ardie's apartment in Fort Smith as the sole telemarketers for Genesis Marketing. Mr. Russell testified that he and Ardie would entice customers over the telephone to buy products, such as water purifiers and "Say No to Drugs" kits, at highly inflated pric

Dormant Commerce Clause From Wikipedia, the free encyclopedia Jump to: navigation, search The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause of the United States Constitution. The Commerce Clause expressly grants Congress the power to enact legislation that affects interstate commerce. The idea behind the Dormant Commerce Clause is that this grant of power implies a negative converse - a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflicting federal statute. The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters. The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine deduced by the U.S. Supreme Court and lower courts from the actual Commerce Clause of the Constitution. Justice O'Connor has written that: The central rationale for the rule against discrimination is to prohibit state or municipal laws whose object is local economic protectionism, laws that would excite those jealousies and retaliatory measures the Constitution was designed to prevent. See The Federalist No. 22, pp. 143-145 (C. Rossiter ed. 1961) (A. Hamilton); Madison, Vices of the Political System of the United States, in 2 Writings of James Madison 362-363 (G. Hunt ed. 1901). http://en.wikipedia.org/wiki/Dormant_Commerce_Clause

11 Chapter II Victim assistance programmes Goal: The goal of a victim assistance programme is to assist victims in dealing with emotional trauma, participating in the criminal justice process, obtaining reparation and coping with problems associated with the victimization. Objectives: The objectives of the programme are to do the following: (a) To increase the commitment of Governments and organizations to do everything possible to assist victims; (b) To increase the range and availability of services for victims from the time of the victimization and throughout the aftermath; (c) To expand the victim's opportunity to participate at all critical stages of the criminal justice process and to ensure consideration of the impact of the victimization upon the victim in all criminal justice systems and international tribunals; (d) To increase coordination and networking of all appropriate agencies, organizations, groups and families, and kinship and community support systems providing services to victims or affecting the treatment of victims in order to develop an integrated system of victim assistance; (e) To improve the quality of outreach to victims in need and their treatment; (f) To be aware of the unique needs of underserved or new victim populations.

Did you mean: standard of review evidence in elder homicide, victims right to trial over 65 Search Results[DOC] Chapter 3 - 5 visits - Jan 3File Format: Microsoft Word - View as HTML For victims and survivors of violent crime and for homicide victims for current and ... Claimants use the compensation funds over the long term. ... of victim population groups for whom speedy trial rights are particularly important. ..... Elder protection programs that assist victims of elder abuse and neglect. ... https://www.ovcttac.gov/nvaa2008/documents/participants_text/03%20Basic%20Victims'%20Rights.doc - Similar pages - [PPT] Responding to Crimes Against Elder Victims: A Program for TrainersFile Format: Microsoft Powerpoint - View as HTML Others with highest percentages of folks over 65 are: ..... Found incompetent to stand trial and dangerous to self and others ... Standards. Civil v. Criminal. APS/Law Enforcement. Victim/Client .... Homicide and the ME refused to come to the scene. Evidence .... Right from wrong, truth vs.. lie, suggestibility ... elder.law.stetson.edu/Professionals/crimeprevention_powerpoints/Elder%20Abuse%20Trainer%20package.ppt - Similar pages - Homicidal smothering: vital histological confirmation of orofacial ...Apr 29, 2008 ... evidence in the subsequent criminal trial. Discussion ... Although homicides in those over 65 years ... be feasible and morphology was excellent using standard ... homicide victims: a 10-year medical examiner review. J Forensic ... elderly homicide victims in New York City. Am J Public Health. ... www.springerlink.com/index/q87305r037563323.pdf - Similar pages - by SM Wills - Related articles Hill v. State 124 Nev. Adv. Op. No. 52 (2008)Jul 24, 2008 ... The trial jury found Hill guilty and the district court imposed a sentence of life ... Standard of review. In Dettloff v. State, we noted that it is ... important procedural rights if there is substantial evidence in the ... and for committing a crime against an eld

Page 1 Final Report CJ - 1 OFFICE OF THE DISTRICT ATTORNEY AN IN-DEPTH INVESTIGATION Prepared by 2001-2002 Orange CountyGrand Jury June, 2002 Page 2 CJ - 2 2001-2002 Orange County Grand Jury COMMENDATIONS There are many men and women: managers, deputy district attorneys, and investigators in the Office of the District Attorney who have demonstrated great professionalism and integrity. They have worked in their offices, entered the courts, and gone into the streets to insure that the criminal justice system in Orange County is held to the highest standards. The 2001-2002 Orange County Grand Jury extends its highest commendation to these dedicated public servants and asks that the electorate of the county join us in this commendation. Page 3 Final Report CJ - 3 TABLE OF CONTENTS Page COMMENDATIONS......................................................................................................... 2 TABLE OF CONTENTS.................................................................................................... 3 EXECUTIVE SUMMARY ................................................................................................ 5 INTRODUCTION .............................................................................................................. 7 Major Accomplishments of the District Attorney's Office under the Current Administration............................................................................................................ 7 INITIATION OF THE INVESTIGATION & METHOD OF STUDY ............................. 9 ORGANIZATIONAL RESTRUCTURE - Attorney Positions ....................................... 11 Factual Background - Post 1998 Campaign............................................................. 11 Findings..................................................................................................................... 15 Recommendations ......................................................................................

Page 1 Final Report CJ - 1 OFFICE OF THE DISTRICT ATTORNEY AN IN-DEPTH INVESTIGATION Prepared by 2001-2002 Orange CountyGrand Jury June, 2002 Page 2 CJ - 2 2001-2002 Orange County Grand Jury COMMENDATIONS There are many men and women: managers, deputy district attorneys, and investigators in the Office of the District Attorney who have demonstrated great professionalism and integrity. They have worked in their offices, entered the courts, and gone into the streets to insure that the criminal justice system in Orange County is held to the highest standards. The 2001-2002 Orange County Grand Jury extends its highest commendation to these dedicated public servants and asks that the electorate of the county join us in this commendation. Page 3 Final Report CJ - 3 TABLE OF CONTENTS Page COMMENDATIONS......................................................................................................... 2 TABLE OF CONTENTS.................................................................................................... 3 EXECUTIVE SUMMARY ................................................................................................ 5 INTRODUCTION .............................................................................................................. 7 Major Accomplishments of the District Attorney's Office under the Current Administration............................................................................................................ 7 INITIATION OF THE INVESTIGATION & METHOD OF STUDY ............................. 9 ORGANIZATIONAL RESTRUCTURE - Attorney Positions ....................................... 11 Factual Background - Post 1998 Campaign............................................................. 11 Findings..................................................................................................................... 15 Recommendations ......................................................................................

This duty to accommodate is perfectly consistent with the well-established due process principle that, "within the limits of practicability, a State must afford to all individuals a meaningful opportunity to be heard" in its courts. Boddie, 401 U. S., at 379 (internal quotation marks and citation omitted).20 Our cases have recognized a number of affirmative obligations that flow from this principle: the duty to waive filing fees in certain family-law and criminal cases,21 the duty to provide transcripts to criminal defendants seeking review of their convictions,22 and the duty to provide counsel to certain criminal defendants.23 Each of these cases makes clear that ordinary considerations of cost and convenience alone cannot justify a State's failure to provide individuals with a meaningful right of access to the courts. Judged against this backdrop, Title II's affirmative obligation to accommodate persons with disabilities in the administration of justice cannot be said to be "so out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to, or designed to prevent, unconstitutional behavior." Boerne, 521 U. S., at 532; Kimel, 528 U. S., at 86.24 It is, rather, a reasonable prophylactic measure, reasonably targeted to a legitimate end. For these reasons, we conclude that Title II, as it applies to the class of cases implicating the fundamental right of access to the courts, constitutes a valid exercise of Congress' §5 authority to enforce the guarantees of the Fourteenth Amendment. The judgment of the Court of Appeals is therefore affirmed.

A defendant may be released on bail for all offenses except capital crimes. Public safety is the primary consideration in setting the bail amount. The court must conduct a hearing before deviating from the scheduled bail for a violent felony or for threatening a witness in a rape, domestic violence or criminal threat case. The court must state its reasons for deviating from the bail schedule. (Cal.Const Art. 1 Sect. 28, PC 1270.1, and PC 1275.)In violent felony cases, the district attorneys office, Division of Victim Services and the probation department are responsible for notifying victims and witnesses that they can request notification regarding the defendant's release. The Division of Victim Services will provide the forms to those victims and witnesses. (PC 679.03(a).)Inmates convicted of murder, voluntary manslaughter, life cases, stalking or a case where the defendant inflicted great bodily injury, cannot be released on parole within 35 miles of a victim or witness. However, the victim or witness must file the appropriate form with CDCR, and CDCR must find there is a need to protect the safety and well being of the victim or witness. (PC 3003.)Upon request, when a defendant is sent to state prison, the victim or next of kin will be notified of the defendant's release to work furlough or a reentry program at least 60 days prior to placement. If the inmate escapes, the victim must be given immediate notification. The victim should keep his or her request and current address on file using a form that can be obtained through the Division of Victim Services. (PC 679.02(a)(6), PC 11155.)The Right to be Protected13 -------------------------------------------------------------------------------- Page 17 An employer with more than 25 employees may not discriminate against an employee who has been a victim of a sex crime or domestic violence when that employee seeks medical attention or counseling. (LC 230.1.)Employers must allow crime victims or family members t