Charles Weisselberg

What’s most likely to bring down Trump? We ask Cal’s experts

Robert Cole, Jesse Choper, and Charles Weisselberg quoted by California Magazine, June 22, 2017

 

“Even if Trump is impeached and removed from office, you end up with President Pence,” says Cole, “and most Democrats would probably not consider that an improvement. … The Democrats should be concentrating on 2018, identifying the districts where they have a chance, and developing a positive program that engages voters. Simply being against Trump isn’t enough.”

 

“In fact, the only thing I see so far that could tip the scale would be if substantial evidence emerged showing he knew the Russians were working to influence the election in his favor,” says Choper. “That could either force him to resign or convince the House to impeach and the Senate to convict. Other than that—it just seems unlikely to me.”

 

“There has been considerable debate about whether a sitting president can be charged with criminal offenses,” says Weisselberg. “Many argue the Constitution implicitly provides impeachment as the sole process for removing a serving president. However, a president who resigns or is removed from office can then be criminally prosecuted.”

Cell phone search violated Constitution, state high court rules

Charles Weisselberg quoted by Daily Journal (registration required), Dec. 6, 2016

Charles Weisselberg … who argued to the high court on behalf of Macabeo, said a ruling for the government would have eroded privacy rights for millions of Californians. “Officers cannot simply search anyone stopped for any infraction,” Weisselberg said. “The state was arguing that probable cause for arrest justifies a full search.”

Making pro bono work mandatory for new lawyers

Charles Weisselberg quoted by Voice of San Diego, Sacramento Report, August 5, 2016

“I know that not every lawyer provides pro bono assistance over the course of his or her career,” said Charles Weisselberg, a professor and former associate dean at UC Berkeley School of Law. “But inculcating that value early is important and will, I believe, assist these fledgling lawyers over the course of their careers.”

Chemerinsky: Has the Supreme Court dealt a blow to the Fourth Amendment?

Charles Weisselberg cited by ABA Journal, August 2, 2016

Scholars, such as Berkeley Law Professor Charles Weisselberg, reviewed police training with regard to interrogations and documented that officers were instructed as to how to circumvent the Supreme Court’s decision in Miranda v. Arizona. Will officers now be encouraged to engage in illegal stops knowing that if an old arrest warrant is found, then anything found in a subsequent search likely would be admissible as evidence?

FTC freezes put defendants at disadvantage, attorneys say

Charles Weisselberg quoted in Daily Journal (registration required), Oct. 13, 2015

Luis v. United States, takes on an even narrower question. … Though Luis won’t apply to civil cases or administrative proceedings, Weisselberg said, the court’s opinion may reveal whether the court feels the government is overly aggressive in seizing assets before adjudication.

Law schools gearing up to look closer at how well they teach

Charles Weisselberg quoted in Daily Journal, April 11, 2014 (Registration required)

At UC Berkeley School of Law, Charles D. Weisselberg has crafted some outcomes this semester for his criminal procedure class…. Weisselberg is Berkeley’s associate dean for curriculum and teaching and a former clinician. But he is new to using outcomes. “This is the first time I’ve set them out in my syllabus,” he said. “It really helps the students … and it helps me focus the teaching I do.”

Law schools at a crossroads: Weak job prospects, high tuition causing fewer to apply

Charles Weisselberg and Henry Hecht quoted in San Jose Mercury News, September 27, 2013

“I don’t think that law school is any longer the refuge it was 20 years ago for the liberal arts student who graduates from college and isn’t sure what he or she wants to do,” said Charles Weisselberg, a UC Berkeley law professor and associate dean. “People are more deliberate … and that’s a good thing.”

Following a mock deposition given by law school student Andrew Gordan, left, to Christine Rowland, right, lecturer Henry Hecht, center, gives feedback to Gordan as fellow law students listen in at UC Berkeley School of Law…. The class is a lesson in learning by doing and observing others said Hecht, who wrote a book on the topic.

Photos of Henry Hecht’s deposition class can be found here.

Legal options were few in handling of Boston bombing suspect

Charles Weisselberg quoted in Los Angeles Times, April 27, 2013

Charles Weisselberg, a UC Berkeley law professor, said the Miranda decision stands mostly as a symbol for legal rights. “Miranda provides very little protection for suspects,” he said. “But it has become shorthand for saying: Are we going to treat him with the rights that we give people in the United States, or is he going to be treated as an enemy combatant with no rights?”

State court overturns murder conviction of Bay Point man in Concord stabbing death

Charles Weisselberg quoted in San Jose Mercury News, February 12, 2013
The opinion issued by the First Appellate District last week in the case against Paul Antonio Westmoreland clarifies how far police investigators can go in deceiving a suspect to garner a confession, said UC Berkeley School of Law professor Charles Weisselberg….”The deception presented here with respect to the consequences of the statement are actually what got [Westmoreland] life without parole instead of just life,” Weisselberg said.