PEOPLE v. RISKIN
Under former Penal Code Sec. 803(g), extending time in which certain sex crimes against children could be prosecuted if certain requirements were met, trial court correctly instructed jurors that prosecution was required to prove by preponderance of the evidence that charges were filed within one year of initial complaint to police and was required to corroborate victim's allegations by clear and convincing independent evidence. Due process clauses do not require that such allegations be proven beyond a reasonable doubt. Where victim placed pretextual telephone call to defendant at urging of police, admission of the call's contents to impeach defendant's testimony did not violate right to silence, and where call was placed prior to filing of formal charges, police use of child to obtain incriminating statements did not violate right to counsel. Imposition of 15-year-to-life sentence under One Strike Law violated ex post facto clauses where jurors were not required to make a unanimous finding that the crime occurred after that law took effect, and evidence on the issue was in conflict.
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