Criminal Law

“We’re so far removed from anything that’s ever happened,” said Erwin Chemerinsky, a constitutional law expert at the University of California, Berkeley. “It’s just guessing.”

“Escalations of assaults and shootings can have ripple effects for years,” said UC Berkeley law Professor Jonathan Simon, noting that friends or family members often feel compelled to retaliate. “Disrupting that cycle is complex and challenging. Traditionally, the onus has been on law enforcement to intervene, though in recent years many cities have shifted resources from police to civilian interrupters, whose work is still “an imperfect art form.” 

“If I’m a lawyer sitting in court, week after week, watching juries come in and I’m not seeing Black people, I’m not seeing Latinx people, and I know what their population is in my county, I know something is wrong,” said Elizabeth Semel, an expert on discriminatory jury practices and co-director of the Death Penalty Clinic at the University of California, Berkeley School of Law. “But how can I figure it out without the data? I can’t.”

Chesa Boudin discusses his new role as the founding director of Berkeley Law’s new Criminal Law & Justice Center.

“The Biden administration crossed a constitutional Rubicon this week,” write Berkeley Law Professor John Yoo and Washington Fellow of the Claremont Institute Center for the American Way of Life, Robert Delahunty. “For the first time in our history, federal prosecutors have charged a former president.”

Professor Orin Kerr comments on some the investigative steps taken in search for the Idaho killer.

“The long-term task and responsibility of those who believe in a more just criminal legal system are to educate the public to see these issues with greater clarity — and to mobilize that public to build institutions and infrastructure capable of supporting a society that is safe and just for all,” writes Chesa Boudin, executive director of Berkeley Law’s Criminal Law and Justice Center. “That work is now more important than ever. I look forward to the challenge of taking it on.”

Law enforcement prosecutions are inherently difficult, UC Berkeley law Professor Jonathan Simon allowed. State law enables police to use deadly force when they reasonably believe they are threatened; juries bring a set of presumptions into the courtroom and historically they have been swayed by testimony of police officers. Considering all these hurdles, “it’s inevitably rare that officers are charged for using force in the course of their jobs,” Simon said, let alone convicted.

“If charges are filed, defense counsel will ask for discovery of all evidence known to the D.A. at the time that she expressed her initial opinion, on the basis that the evidence is reasonably likely to be exculpatory,” said Jeremy Fogel, a former federal judge and now executive director of the Berkeley Judicial Institute at UC Berkeley Law School