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In a recent decision, the U.S. Supreme Court dealt a major blow
to California’s Determinate Sentencing Law which gives judges
discretion in sentencing. The 6-3 Supreme Court ruling in
Cunningham v. California stated that jurors, not judges, must
decide on aggravating factors that could increase sentences for
criminal defendants. The high Court’s decision could reduce the
16-year sentence of John Cunningham, a former Richmond police
officer who was convicted of sexually abusing his 10-year-old
son by four years. But it also has wider implications for law
enforcement in California. Legal experts believe the ruling may
prompt a flood of appeals from past convictions, and it has
already had an impact on cases currently making their way through the state’s judicial system, according to the Sacramento Bee.
Courts in the state are dealing with the situation on a
case-by-case basis. When the ruling was handed down, Phillip
Lamar Brown of Sacramento was on trial for the beating and rape
of two relatives, one of whom he hog-tied and hung from the
garage rafters. After the jury rendered their guilty verdict,
the judge sent the jury back to deliberate on aggravating
factors, including whether the rapes were more vicious, callous
and cruel than similar crimes. With no other basis for
comparison, the jurors were frustrated. The jury could not reach
a decision on one of the aggravating factors, which might lead
to a mistrial.
Meanwhile the state legislature is considering a measure (SB 40)
which would allow judges to sentence defendants to one of three
prison terms – low, middle and high – without seeking additional
factual findings. The bill has passed the Senate and is making
its way through the Assembly, according to the Sacramento Bee.
California Chief Justice Ronald George is urging legislators to
speed passage of the bill.
Sources:
“Courts wing it after ruling; local judge breaks ground amid the
turmoil over sentencing,” Sacramento Bee, February 10,
2007.
”Chief Justice asks Legislature to beef up spending on courts,”
Sacramento Bee, February 27, 2007.
“Supreme Court strikes down California sentencing law,” North
County Times, March 2, 2007. |
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