San Diego Law Review

Library of Congress Authority File


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A worthwhile inquiry can be made whether this law as it exists now, as it has been interpreted, and as it is now being enforced, genuinely reflects the intent of the legislature and seeks justice in our society. Should the slight movement of robbery victims within their residence, or place of business or employment by the perpetrators of a robbery constitute aggravated kidnapping in California? On many occasions, the California Supreme Court has held that it does. Should a simple civil assault, i.e., an unconsented to touching, constitute "bodily harm"? Some of the cases lend themselves to such an interpretation. Is this statute and all of its ramifications necessary, reasonable and desirable within the overall context of our penal system? A critical analysis of the current state of the law and a concrete proposal to remedy this situation would seem in order.

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