Does the new "three strikes" law change the role of a trial judge and prosecutor?

California, United States of America


The following excerpt is from People v. Cartwright, 39 Cal.App.4th 1123, 46 Cal.Rptr.2d 351 (Cal. App. 1995):

The primary duties of the office of trial judge and prosecutor have not been changed by the "three strikes" law. Their discretion in sentencing or [39 Cal.App.4th 1134] prosecuting defendants has never been absolute. (See, e.g., 969 [requiring that all previous convictions be charged]; 1192.7 [limitation on plea bargaining]; 1203.06 [no probation for certain offenses]; 1385, subd. (b) [restriction on court's power to strike prior conviction for serious felony].) Since the new restrictions in the "three strikes" law are not unduly or materially and substantially different from those already imposed, they do not constitute a "change" in duties. (Davis v. County of Los Angeles (1938) 12 Cal.2d 412, 424, 84 P.2d 1034.)

Other Questions


After striking two of three prior felony convictions alleged as strikes, can a judge strike again? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Does Section 667 of the Three Strikes Act bar the trial court from dismissing a prior strike allegation? (California, United States of America)
Can a trial judge that commences a jury trial be prevented from proceeding until the trial is over? (California, United States of America)
Under what circumstances can a judge strike or vacate a finding under the Three Strikes Act? (California, United States of America)
Does a codefendant's sentence under the Three Strikes Act have to be considered extrinsic to the trial court's exercise of its limited discretion to strike a prior conviction? (California, United States of America)
Can a judge strike or vacate an allegation or finding under the Three Strikes law that a defendant has previously been convicted of a serious and/or violent felony? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.